Editor’s Notes —

Chapter 2233, Laws of 2012 (Joint Resolution No. 1), entitled “A JOINT RESOLUTION TO REAPPORTION THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI IN ACCORDANCE WITH SECTION 254, MISSISSIPPI CONSTITUTION OF 1890; AND FOR RELATED PURPOSES,” adopted by the House of Representatives on April 26, 2012, and by the Senate on May 2, 2012, and effective from and after September 14, 2012 (the date the United States Attorney General interposed no objection to the Joint Resolution), provides as follows:

“WHEREAS, Section 254, Mississippi Constitution of 1890, requires that the Mississippi Legislature shall apportion itself by joint resolution in the second year following the 1980 decennial census and every ten (10) years thereafter; and

“WHEREAS, it is the responsibility and official mandate of the Legislature to reapportion the state in compliance with the one-person, one-vote requirement of the federal Constitution into election districts as nearly equal as possible according to population and in accordance with other factors heretofore pronounced by the courts; and

“WHEREAS, Section 254, Mississippi Constitution of 1890, provides that the House of Representatives shall consist of not more than one hundred twenty-two (122) representatives, the number of members to be determined by the Legislature:

“NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the Mississippi House of Representatives shall consist of one hundred twenty-two (122) representatives who shall be elected from one hundred twenty-two (122) single-member districts, composed as follows:

“DISTRICT 1 -

“Alcorn County - Central *, East Third Street *, Five-Point, Glen and North Corinth * Precincts.

“Tishomingo County - Burnsville, Coles Mill, East Iuka, Hubbard-Salem, Iuka, North Burnsville, North Iuka, Paden, Spring Hill, West Burnsville, West Iuka and West Tishomingo Precincts.

“DISTRICT 2 -

“Alcorn County - Biggersville, Central *, College Hill, East Corinth, East Third Street *, Kossuth, North Corinth *, South Corinth, Union Center *, Wenasoga and West Corinth Precincts.

“DISTRICT 3 -

“Alcorn County - Jacinto and Rienzi Precincts.

“Prentiss County - Blackland, Booneville, Crossroads, East Booneville, Hills Chapel-New Hope, Marietta, New Site, North Booneville, adorn Hill, Thrasher, Tuscumbia-New Chandler, West Booneville and Wheeler * Precincts.

“DISTRICT 4 -

“Alcorn County - Bethel and Union Center * Precincts.

“Tippah County - All.

“DISTRICT 5 -

“Benton County - Ashland * and Lamar * Precincts.

“Lafayette County - Abbeville * Precinct.

“Marshall County - Cayce *, Chulahoma, Hudsonville, Laws Hill, Marianna, North Holly Springs District 1, North Holly Springs District 2 *, South Holly Springs, Victoria, Wall Hill, Warsaw, Waterford, Watson and West Holly Springs Precincts.

“Tate County - Independence * Precinct.

“DISTRICT 6 -

“DeSoto County - Fairhaven, Mineral Wells *, Olive Branch North, Olive Branch South, Olive Branch West * and Pleasant Hill South * Precincts.

“DISTRICT 7 -

“DeSoto County - Elmore, Greenbrook North, Greenbrook South, Mineral Wells *, Plum Point and Southhaven North Precincts.

“DISTRICT 8 -

“Lafayette County - Harmontown Precinct.

“Tate County - Coldwater, Independence *, Palestine, Poagville 4, Poagville 5, Sarah, Senatobia 3 *, Senatobia No.1, Senatobia No.2, Sherrod, Strayhorn, Thyatira, Tyro and Wyatte Precincts.

“DISTRICT 9 -

“Coahoma County - Coahoma, Friar’s Point and Lula Precincts.

“Quitman County - Belen, Crenshaw, Crowder, Darling, District 3 North, District 3 South, Lambert, Northwest Marks, Sledge and Southwest Marks Precincts.

“Tate County - Arkabutla, Evansville and Taylor Precincts.

“Tunica County - All.

“DISTRICT 10 -

“Lafayette County - Airport Grocery, Anchor-Taylor 4, Burgess, College Hill, Oxford 4 *, Taylor 3, Union West, West Spring Hill-Oxford 3 * Precincts.

“Panola County - Cold Springs, Coles Point, East Batesville 4, East Batesville 5, East Sardis, Eureka, North Batesville A *, North Springport, Pope, South Springport and Tocowa Precincts.

“Tallahatchie County - Enid and Teasdale Precincts.

“DISTRICT 11 -

“Panola County - Batesville 3, Como, Courtland, Crenshaw, Curtis, Enon, Longtown, Macedonia-Concord, North Batesville A *, North Batesville B, Pleasant Grove, Pleasant Mount, South Sardis and West Sardis Precincts.

“Tate County - Looxahoma, Senatobia 3 * and Senatobia No. 4 Precincts.

“DISTRICT 12 -

“Lafayette County - Oxford 1 *, Oxford 2 *, Oxford 4 *, Oxford 6 *, and West Spring Hill-Oxford 3 * Precincts.

“DISTRICT 13 -

“Benton County - Ashland *, Canaan, Floyd, Hickory Flat and Lamar * Precincts.

“Lafayette County - Abbeville *, Lafayette Springs, Oxford 1 *, Oxford 2 *, Oxford 6 *, Philadelphia and Yocona Precincts.

“Marshall County - Bethlehem, Cornersville, Early Grove and Potts Camp Precincts.

“Union County - Blythe, Macedonia, Pinedale and West Union Precincts.

“DISTRICT 14 -

“Union County - B.F. Ford, Beacon Hill, Blue Springs, Center, Central Maintenance, Courthouse, East Union, Glenfield, Ingomar, Keownville, Kings Chapel, Myrtle, Northeast MS Community College, Pleasant Ridge and Sportsplex Precincts.

“DISTRICT 15 -

“Pontotoc County - Algoma, Bethel, Buchanan, Cherry Creek, Ecru, Friendship, Hurricane, Judah, North Randolph, Oak Hill, Pontotoc 1, Pontotoc 2, Pontotoc 3, Pontotoc 4, Pontotoc 5, Robbs, Sherman, South Randolph, Springville, Thaxton, Toccopola and Turnpike Precincts.

“DISTRICT 16 -

“Lee County - Brewer, Oak Hill *, Old Union *, Palmetto

“A & B *, Plantersville, Pleasant Grove *, Shannon, Tupelo 3 *, Tupelo 4 North *, Tupelo 4 South, Tupelo 5 and Verona Precincts.

“Monroe County - Nettleton * Precinct.

“DISTRICT 17 -

“Lee County - Belden *, Bissell, Old Union *, Palmetto

“A & B *, Pleasant Grove *, Tupelo 2, Tupelo 3 * and Tupelo 4

“North * Precincts.

“DISTRICT 18 -

“Lee County - Baldwin, Beech Springs *, Belden *, Birmingham Ridge, Blair, Corrona, Davis Box, Euclautubba, Flowerdale, Guntown, Pratts, Saltillo and Tupelo 1 Precincts.

“Prentiss County - Baldwyn, Ingram and Wheeler * Precincts.

“Union County - Jericho Precinct.

“DISTRICT 19 -

“Itawamba County - Centerville, Dorsey, Fawn Grove, Kirkville, Mantachie, Ozark and Ratliff Precincts.

“Lee County - Auburn, Beech Springs *, East Heights, Eggville, Fellowship, Friendship, Gilvo 1, Gilvo 5, Hebron,

“Kedron, Mooreville 1, Mooreville 5, Oak Hill *, Richmond and Unity Precincts.

“DISTRICT 20 -

“Itawamba County - Bigbee Fork * Precinct.

“Lee County - Nettleton and Petersburg Precincts.

“Monroe County - Amory 1, Amory 2, Amory 5, Athens, Becker, Bigbee 1, Boyds, Central Grove *, Greenwood Springs *, Hatley, Nettleton *, Parham, Smithville, Williams and Wren * Precincts.

“DISTRICT 21 -

“Itawamba County - Armory, Bigbee Fork *, Bounds, Cardsville, Carolina, Clay, Copeland, Evergreen, Friendship, Fulton District 1 Courthouse, Fulton District 4 American Legion, Fulton District 5 Firestation, Greenwood, Hampton, James Creek, Mt. Gilead, New Salem, Oakland, Pineville, Pleasanton, Ryan, Tilden, Tremont, Turon and Wigginton Precincts.

“Tishomingo County - Belmont, Cotton Springs, Dennis, East Belmont, Golden, North Belmont and Tishomingo Precincts.

“DISTRICT 22 -

“Chickasaw County - All.

“Pontotoc County - Bankhead, Beckham, Hoyle, Longview, Troy, Woodland and Zion Precincts.

“DISTRICT 23 -

“Calhoun County - All.

“Grenada County - Futheyville, Gore Springs, Grenada Box 1, Mt. Nebo and Pleasant Grove Precincts.

“Lafayette County - Paris and Tula Precincts.

“Webster County - Bellefontaine, Clarkson, Cumberland, Fame, Mantee and Walthall Precincts.

“DISTRICT 24 -

“DeSoto County - Aldens, Bridgetown, DeSoto Central, Nesbit East, Olive Branch West *, Pleasant Hill North, Pleasant Hill South * and Southhaven South * Precincts.

“DISTRICT 25 -

“DeSoto County - Endora, Horn Lake Central, Horn Lake Intermediate School, Horn Lake South, Lake Cormorant, Nesbit West, Oak Grove and Walls Precincts.

“DISTRICT 26 -

“Bolivar County - Duncan/Alligator Precinct.

“Coahoma County - Bobo, Cagle Crossing, Clarksdale 1-4, Clarksdale 2-4, Clarksdale 3-3, Clarksdale 3-4, Clarksdale 4-2, Clarksdale 4-3, Clarksdale 5-4, Dublin, Farrell, Jonestown, Lyons, Rena Lara, Roundaway and Sherard Precincts.

“DISTRICT 27 -

“Attala County - Aponaug *, Newport, Northeast *, Northwest *, South Central * and Southwest * Precincts.

“Leake County - Conway, North Carthage *, Ofahoma, South Carthage *, Thomastown, Walnut Grove, West Carthage * and Wiggins Precincts.

“Madison County - Camden, Cameron, Couparle, Luther Branson School, Ratliff Ferry and Sharon Precincts.

“Yazoo County - Deasonville, East Midway and Harttown Precincts.

“DISTRICT 28 -

DeSoto County - Alphaba Cockrum, Hernando Central, Hernando East, Hernando West, Ingram’s Mill, Lewisburg East, Lewisburg West and Love Precincts.

“DISTRICT 29 -

“Bolivar County - Benoit, Beulah, Cleveland Eastgate, East Central Cleveland, East Cleveland, East Rosedale, Gunnison, Merigold, Mound Bayou, North Cleveland, Northwest Cleveland, Pace, Renova, Shelby, South Cleveland, West Cleveland, West Rosedale and Winstonville Precincts.

“Sunflower County - Sunflower Plantation Precinct.

“DISTRICT 30 -

“Bolivar County - Boyle, Cleveland Courthouse, Shaw * and West Central Cleveland Precincts.

“Quitman County - West Lambert Precinct.

“Sunflower County - Drew, Rome, Ruleville and Ruleville North Precincts.

“Tallahatchie County - Glendora, Sumner Beat 2, Sumner Beat 5, Tutwiler, Webb Beat 2, Webb Beat 4 and Webb Beat 5 Precincts.

“DISTRICT 31 -

“Bolivar County - Choctaw and Shaw * Precincts.

“Humphreys County - Four Mile and North Belzoni * Precincts.

“Sunflower County - Boyer-Linn, Doddsville, Fairview-Hale, Indianola 2 East, Indianola 2 West, Indianola 3 North, Indianola 3 Northeast, Indianola 3 South, Indianola Southeast, Inverness, Moorhead, Sunflower 3 and Sunflower 4 Precincts.

“Washington County - Leland Health Department Clinic and Leland Rotary Club Precincts.

“DISTRICT 32 -

“Leflore County - Central Greenwood, East Greenwood, Mississippi Valley State University, North Greenwood *, Northeast Greenwood, Rising Sun, Sidon, South Greenwood, Southeast Greenwood, Southwest Greenwood and West Greenwood Precincts.

“DISTRICT 33 -

“Grenada County - Geeslin, Grenada Box 2 *, Grenada Box 3 * and Hardy Precincts.

“Tallahatchie County - Blue Cane, Brazil, Cascilla, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Leverette, Murphreesboro, Paynes, Rosebloom, Springhill and Tippo Precincts.

“Yalobusha County - All.

“DISTRICT 34 -

“Carroll County - 430 School and Black Hawk Precincts.

“Grenada County - Elliott, Grenada Box 2 *, Grenada Box 3 *,

“Grenada Box 4, Grenada Box 5, Holcomb, Sweethome and Tie Plant Precincts.

“Holmes County - Acona, Cruger and Tchula Precincts.

“Leflore County - Minter City, Morgan City/Swiftown, North Itta Bena, Schlater and South Itta Bena Precincts.

“Tallahatchie County - Philipp Precinct.

“DISTRICT 35 -

“Attala County - Ethel *, McCool and Thompson Precincts.

“Choctaw County - All.

“Webster County - Big Black, Eupora 1, Eupora 2, Eupora 3, Grady, Maben, Mathiston and Tomnolen Precincts.

“Winston County - County Agent *, Fairground *, Mars Hill, Mill Creek *, Nanih Waiya *, New National Guard Armory, Noxapater, Shiloh and Walthall * Precincts.

“DISTRICT 36 -

“Clay County - Cairo, Caradine, Central West Point *, East West Point *, North West Point, Pine Bluff, Siloam *, Tibbee *, Union Star, Vinton and West West Point * Precincts.

“Monroe County - Aberdeen 3, Central Grove *, Darracott, Gibson, North Aberdeen 4, Prairie, South Aberdeen 4, Willis and Wren * Precincts.

“DISTRICT 37 -

“Clay County - Cedar Bluff *, Central West Point *, East West Point *, Pheba, Siloam *, South West Point *, Tibbee * and West West Point * Precincts.

“Lowndes County - Fairgrounds F, Fairgrounds G, Fairgrounds B, Fairgrounds E, New Hope A, New Hope B, New Hope C, New Hope D, New Hope E, New Hope F, Plum Grove B, Rural Hill A, Rural Hill B, Rural Hill C, Sale C, Steens A, Steens B, Steens C and West Lowndes A Precincts.

“Oktibbeha County - Center Grove, Double Springs, Maben and Self Creek Precincts.

“DISTRICT 38 -

“Clay County - Cedar Bluff *, Central West Point * and South West Point * Precincts.

“Lowndes County - Artesia Precinct.

“Oktibbeha County - Bell Schoolhouse, Central Starkville *, Gillespie Street Center *, Hickory Grove, North Starkville 2, North Starkville 3 *, Oktoc, Osborn, Sessums, South Longview *, South Starkville *, Southeast Oktibbeha and West Starkville * Precincts.

“DISTRICT 39 -

“Lowndes County - Air Base A, Air Base B, Air Base C, Air Base D, Air Base E, Brandon A, Brandon C, Caledonia, Dowdle Gas Training Center B and Lee Middle School Precincts.

“Monroe County - Bartahatchie, Greenwood Springs *, Hamilton and Lackey Precincts.

“DISTRICT 40 -

“DeSoto County - Cherry Valley, Horn Lake East, Horn Lake North, Horn Lake West, Southhaven South * and Southhaven West Precincts.

“DISTRICT 41 -

“Lowndes County - Brandon B, Brandon D, Coleman A, Coleman B, Columbus High School A, Columbus High School B, Columbus High School C, Columbus High School D, Fairgrounds A, Fairgrounds C, Fairgrounds D, Hunt A, Hunt B, Hunt C, Mitchell A, Mitchell B, Plum Grove C, Propst Park Community Hut, Sale A, Sale B, Trinity A, Trinity B, Union Academy A, Union Academy B, Union Academy C, University A, University B and West Lowndes B Precincts.

“DISTRICT 42 -

“Lowndes County - Crawford A and Plum Grove A Precincts.

“Noxubee County - All.

“Winston County - American Legion, County Agent *, East Winston, Fairground *, Lovorn Tractor, Mill Creek *, Wathall * and Zion Ridge Precincts.

“DISTRICT 43 -

“Oktibbeha County - Bradley, Central Starkville *, Craig Springs, East Starkville, Gillespie Street Center *, North Adaton, North Longview, North Starkville 3 *, Northeast Starkville, South Adaton, South Longview *, South Starkville *, Sturgis and West Starkville * Precincts.

“Winston County - Fairground * Precinct.

“DISTRICT 44 -

“Leake County - Salem Precinct.

“Neshoba County - Arlington, Burnside *, Center *, County Line, Deemer, Dixon, East Neshoba *, Fairview, Forestdale, Fork, Fusky, Hays, Herbert, Hope, House, McDonald, Neshoba, North Bend *, Northeast Philadelphia *, Pearl River, Southeast Philadelphia, Southwest Philadelphia, Tucker District 1, Tucker District 3 and Zephyr Hill Precincts.

“DISTRICT 45 -

“Kemper County - All.

“Lauderdale County - Precincts 5 *, 6 *, Andrews Chapel *, Center Ridge, Daleville, East Lauderdale, East Marion, Kewanee, Marion and West Dalewood.

“Neshoba County - Bogue Chitto, Burnside *, Center *, East Neshoba *, North Bend *, Northeast Philadelphia * and Northwest Philadelphia Precincts.

“Winston County - Nanih Waiya * Precinct.

“DISTRICT 46 -

“Carroll County - Calvary, Carrollton, Fire Tower, Gravel Hill, Jefferson, McCarley, North Carrollton, Ray’s Shop, Salem, West Carroll and West Vaiden Precincts.

“Grenada County - Providence Precinct.

“Leflore County - Money and North Greenwood * Precincts.

“Montgomery County - All.

“Webster County - Bluff Springs, Cadaretta and Fay Precincts.

“DISTRICT 47 -

“Attala County - McAdams and Sallis Precincts.

“Holmes County - Beat 4 Walden Chapel, Coxburg, Durant *, Ebenezer, Goodman, Lexington Beat 1, Lexington Beat 4, Lexington Beat 5, Lexington East, Pickens, Sandhill and Thornton Precincts.

“Yazoo County - Benton, Eden, Free Run, Ward 4 *, West Midway and Zion Precincts.

“DISTRICT 48 -

“Attala County - Aponaug *, Berea, Carmack, East, Ethel *, Hesterville, Liberty Chapel, North Central, Northeast *, Northwest *, Possumneck, Providence, South Central *, Southwest *, Williamsville and Zama Precincts.

“Carroll County - East Vaiden Precinct.

“Holmes County - Durant * and West Precincts.

“Leake County - East Carthage, Ebenezer, Edinburg, Freeny, Madden, North Carthage *, Renfroe, Singleton, South Carthage *, Sunrise and West Carthage * Precincts.

“DISTRICT 49 -

“Washington County - American Legion *, Brent Center, Buster Brown Community Center *, Christ Wesleyan Methodist Church, Extension Building, Greenville Industrial College *, Potter House Church, St. James Episcopal Church, Swiftwater Baptist Church *, Tampa Drive and Wards Recreation Center * Precincts.

“DISTRICT 50 -

“Bolivar County - Longshot, Scott, Skene and Stringtown Precincts.

“Issaquena County - Addie, Grace, Mayersville and Tallula * Precincts.

“Washington County - American Legion *, Arcola City Hall, Buster Brown Community Center *, Darlove Baptist Church, Elks Club, Glen Allan Health Clinic, Grace Methodist Church, Greenville Industrial College *, Hollandale City Hall, Metcalfe City Hall, Swiftwater Baptist Church * and Wards Recreation Center * Precincts.

“DISTRICT 51 -

“Humphreys County - Central Belzoni, Gooden Lake, Isola, Lake City (28053302), Louise, Midnight, North Belzoni *, Northwest Belzoni, Putnam, Silver City, Southeast Belzoni and Southwest Belzoni Precincts.

“Sharkey County - All.

“Yazoo County - 3-1 West, 3-2 East, 3-3 Jonestown, Carter, District 4 Ward 2, Holly Bluff, Lake City, Ward 2, Ward 4 * and Ward 5 Precincts.

“DISTRICT 52 -

“DeSoto County - Hack’s Cross and Miller Precincts.

“Marshall County - Barton, Byhalia, Cayce *, Mt. Pleasant, North Holly Springs District 2 *, North Cayce, Redbanks and Slayden Precincts.

“DISTRICT 53 -

“Franklin County - Bad Bayou, Cains, Eddiceton, Lucien and McCall Creek Precincts.

“Jefferson Davis County - Hawthorn * Precinct.

“Lawrence County - Center, Cooper’s Creek, Jayess, Oakvale, Tilton and Topeka Precincts.

“Lincoln County - Alexander Jr. High, Arlington, Bogue Chitto, Brignal, City Hall, East Lincoln, Enterprise, Fair River, Forrestry, Government Complex, High School, Johnson, New Pearlhaven, Norfield, Rogers Circle and Ruth Precincts.

“Pike County - Precincts 14 and 20.

“DISTRICT 54 -

“Issaquena County - Tallula * and Valley Park Precincts.

“Warren County - 3-61 Store, Beechwood, Bovina, Culkin, Kings *, Oak Ridge, Plumbers Hall, Redwood and Tingleville * Precincts.

“Yazoo County - 3-4 South, Center Ridge, Dover, East Bentonia, Fairview, Fugates, Robinette, Satartia, Tinsley and Valley Precincts.

“DISTRICT 55 -

“Warren County - American Legion Hall, Auditorium, Brunswick, Cedar Grove, Elks Lodge, Jett, Kings *, No.7 Fire Station, St. Aloysius, Tingleville *, Vicksburg Jr. High School and Y.M.C.A. Precincts.

“DISTRICT 56 -

“Hinds County - Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Pinehaven * and Tinnin Precincts.

“Madison County - Flora *, Gluckstadt *, Lorman-Cavalier *, Smith School and Whispering Lake * Precincts.

“DISTRICT 57 -

“Madison County - Bear Creek, Bible Church, Canton Precinct 1, Canton Precinct 2, Canton Precinct 3, Canton Precinct 4, Canton Precinct 5, Canton Precinct 7, Cedar Grove, Liberty, Madison County Baptist Family Life Center, Magnolia Heights, New Industrial Park and Virlilia Precincts.

“DISTRICT 58 -

“Madison County - Cobblestone, Madison 1, Madison 2, Madison 3, NorthBay, Ridgeland Tennis Center, Trace Harbor and Victory Baptist Church Precincts.

“DISTRICT 59 -

“Rankin County - Fannin *, Flowood, Grant’s Ferry, Holbrook, Northshore, Reservoir East, Reservoir West and West Pearl * Precincts.

“DISTRICT 60 -

“Rankin County - Antioch, Crossroads, East Brandon, Johns, Mayton, Monterey *, North Brandon, Park Place *, Shiloh, South Brandon and West Brandon Precincts.

“DISTRICT 61 -

“Rankin County - Crest Park, Cunningham Heights, Eldorado, North McLaurin, North Pearson, Park Place *, Patton Place, Pearl, South McLaurin, South Pearson *, Springhill and West Pearl * Precincts.

“DISTRICT 62 -

“Copiah County - Crystal Springs East * and Crystal Springs South * Precincts.

“Rankin County - Clear Branch, Cleary, East Steens Creek, Mountain Creek, North Richland *, South Richland, Star and West Steens Creek Precincts.

“Simpson County - Pearl * Precinct.

“DISTRICT 63 -

“Hinds County - Precincts 91 *, Bolton, Brownsville, Cayuga, Edwards, Learned *, Pinehaven *, Raymond 1, Raymond 2 *, Spring Ridge *, St. Thomas and Utica 1.

“Warren County - Moose Lodge * and Tingleville * Precincts.

“Yazoo County - Mechanicsburg and West Bentonia Precincts.

“DISTRICT 64 -

“Hinds County - Precincts 14 *, 32, 33, 34, 35, 36, 44, 45, 46 and 78.

“Madison County - Main Harbor Precinct.

“DISTRICT 65 -

“Hinds County- Precincts 14 *, 15, 17, 37, 38, 39, 40, 41, 42, 43, 79 and 80 *.

“DISTRICT 66 -

“Hinds County - Precincts 74, 75, 91 *, 92, 93, 94, 95, Byram 2 *, Chapel Hill, Dry Grove, Learned *, Raymond 2 *, Spring Ridge *, Terry * and Utica 2.

“DISTRICT 67 -

“Hinds County - Precincts 18, 20, 21, 22, 24, 25, 26, 31, 56 *, 60, 62 *, 85, 86, 87 and Clinton 6.

“DISTRICT 68 -

“Hinds County - Precincts 47, 51, 52, 53, 55, 56 *, 61, 62 *, 63, 88, 97, Old Byram and Terry *.

“Rankin County - North Richland *, South Pearson * and West Pearl * Precincts.

“DISTRICT 69 -

“Hinds County - Precincts 54, 57, 58, 59, 64, 66, 67, 68, 70, 89, 90, Jackson State, Raymond 2 * and Spring Ridge *.

“DISTRICT 70 -

“Hinds County - Precincts 1, 10, 11, 12, 13, 16, 19, 2, 23, 27, 28, 29, 30, 4, 5, 50, 6, 8, 84 and 9.

“DISTRICT 71 -

“Hinds County - Precincts 69, 71, 72, 73, 76, 77, 96, Byram 1 and Byram 2 *.

“DISTRICT 72 -

“Hinds County - Precincts 80 *, 81, 82, 83, Cynthia and Pocahontas.

“Madison County - Ridgeland 1, Ridgeland 3, Ridgeland 4 and Tougaloo Precincts.

“DISTRICT 73 -

“Madison County - Flora *, Gluckstadt *, Highland Colony Baptist Church, Lorman-Cavalier *, Ridgeland First Methodist Church, SunnyBrook, Whispering Lake * and Yandell Road Precincts.

“DISTRICT 74 -

“Rankin County - Castlewoods, Castlewoods West, East Crossgates, Liberty, Mullins, Northeast Brandon, Oakdale, Pelahatchie *, South Crossgates and West Crossgates Precincts.

“DISTRICT 75 -

“Rankin County - Fannin *, Leesburg, Pelahatchie * and Pisgah Precincts.

“Scott County - Cooperville, East-West Morton, Forkville, High Hill, Homewood, Liberty, North Forest, North Morton, Northeast Forest, Northwest Forest, Pulaski, South Forest and Springfield Precincts.

“DISTRICT 76 -

“Claiborne County - District 5B Precinct.

“Copiah County - Beauregard *, Carpenter, Centerpoint *,

“Crystal Springs East *, Crystal Springs North, Crystal Springs South *, Crystal Springs West, Dentville, Gallman, Hazlehurst East, Hazlehurst North, Hazlehurst South, Hazlehurst West and Martinsville Precincts.

“Hinds County - Terry * Precinct.

“DISTRICT 77 -

“Rankin County - Cato, Dry Creek, Monterey * and Puckett Precincts.

“Simpson County - Braxton, D’Lo, Harrisville, Jupiter, Jupiter A, Magee 1 *, Magee 2, Magee 4-N, Magee 4N A, Magee 4-S, Mendenhall 1, Mendenhall 3, Merit, Pearl *, Pinola, Shivers, Sumrall and Weathersby Precincts.

“DISTRICT 78 -

“Leake County - Good Hope and Lena Precincts.

“Newton County - Chapel Hill, Conehatta, Decatur 1, Decatur I-A *, Hazel, Lawrence, Little Rock, Prospect, Scanlan, Union 1, Union 2 and Union 3 Precincts.

“Scott County - Clifton, Contrell, Harperville, Hillsboro, House, Lake, Langs Mill, Ludlow, Salem, Sebastapol and Steele Precincts.

“DISTRICT 79 -

“Jasper County - Antioch, Bay Springs Beat 3, Bay Springs Beat 4, Holders Church, Louin, Montrose, Mossville 1st, Mossville 2nd, Palestine and Stringer * Precincts.

“Smith County - All.

“DISTRICT 80 -

“Clarke County - Beaver Dam, Langsdale, Oak Grove, Pachuta and Shubuta Precincts.

“Jasper County - Claiborne, Heidelberg, Paulding *, Philadelphia and Vossburg Precincts.

“Jones County - Cameron Center *, Cooks Avenue Community Center, Erata, Glade School *, Kingston Church, Lamar School *, Laurel Courthouse *, National Guard Armory, Nora Davis School, North Laurel *, Oak Park School, Old Health Department, Sandersville Civic Center, Shady Grove *, Sharon * and Stainton * Precincts.

“DISTRICT 81 -

“Clarke County - Energy and Snell Precincts.

“Lauderdale County - Precincts 16, 17, 18, Alamucha, Causeyville, Clarkdale, Culpepper, East Bonita, Meehan, Mt. Gilead, Odom, Pickard, Russell, Sageville, South Nellieburg, South Russell, Suqualena, Toomsuba, Valley, Vimville, Whynot and Zero.

“DISTRICT 82 -

“Lauderdale County - Precincts 10, 11, 12, 14, 15, 20, 3, 4, 6 *, 7, 8 and 9.

“DISTRICT 83 -

“Lauderdale County - Precincts 1, 13, 2, 5 *, Andrews Chapel *, Bailey, Center Hill, Collinsville, Martin, New Lauderdale, Obadiah, Prospect and West Lauderdale.

“DISTRICT 84 -

“Clarke County - Carmichael, DeSoto, East Quitman, Enterprise, Harmony Beat 1, Harmony Beat 2, Manassa, North Quitman, Pineridge, Rolling Creek, Souinlovie, South Quitman, Springs, Stonewall Beat 1, Stonewall Beat 3 and Union Precincts.

“Jasper County - Fellowship, Midway, Paulding *, Rose Hill and Waldrup Precincts.

“Newton County - Chunky, Decatur 1-A *, Duffee, Hickory, Liberty, Newton 1, Newton 4 and Newton 5 Precincts.

“DISTRICT 85 -

“Claiborne County - District lA, District 1B, District 1C, District 2, District 3A, District 3B, District 4A, District 4B, District 4C and District 5A Precincts.

“Franklin County - Antioch, Bude, Meadville, Pine Grove and Whittington Precincts.

“Jefferson County - Chancery Clerk, Circuit Clerk, City Hall, Ebenezer, Harriston, Highway 33, Lorman, McNair, Red Lick, Stampley and Union Church Precincts.

“Warren County - Goodrum, Moose Lodge * and Yokena Precincts.

“DISTRICT 86 -

“Greene County - State Line Precinct.

“Perry County - Holly Street and Richton City Hall Precincts.

“Wayne County - All.

“DISTRICT 87 -

“Forrest County - Carnes, Dantzler, Dixie * and Timberton * Precincts.

“Lamar County - Arnold Line, Lamar Park, Northeast Lamar, Oak Grove *, Okahola, Purvis *, Richburg, South Purvis * and Wesley Manor * Precincts.

“DISTRICT 88 -

“Jasper County - Stringer * Precinct.

“Jones County - Antioch, Blackwell, Bruce, Centerville, Currie, Gitano, Glade School *, Hebron, Johnson *, Landrum Community Center, Moselle, Myrick, Ovett, Powers Community Center, Rainey, Rustin, Sandhill, Shelton, Soso, Tuckers and Union Precincts.

“DISTRICT 89 -

“Jones County - Calhoun, Cameron Center *, County Barn, Ellisville Court House, Johnson *, Lamar School *, Laurel Courthouse *, Matthews, Mauldin Community Center, North Laurel *, Pendorf, Pinegrove, Pleasant Ridge, Roosevelt, Shady Grove *, Sharon *, South Jones and Stainton * Precincts.

“DISTRICT 90 -

“Covington County - Collins, Gilmer, Lone Star/Black Jack, Mitchell, Mt. Olive *, Okahay, Richmond, Rock Hill, Sanford, Seminary, South Collins, Station Creek, Strahan, West Collins, Williamsburg and Yawn Precincts.

“Jefferson Davis County - Bassfield Beat 3 *, Good Hope, Melba and Northeast Prentiss * Precincts.

“Simpson County - Bowie, Dry Creek, Magee 1 *, Magee 2 A, New Hope, Oak Grove * and Saratoga Precincts.

“DISTRICT 91 -

“Copiah County - Georgetown North and Georgetown South * Precincts.

“Covington County - Dry Creek and Mt. Olive * Precincts.

“Jefferson Davis County - Bassfield Beat 2, Bassfield Beat 3 *, Carson, Clem, Granby, Green’s Creek, Gwinville, Hawthorn *, Hebron, Mt. Carmel, Northeast Prentiss *, Northwest Prentiss, Red House, Sons Academy, South Prentiss, South Prentiss (2806512), Whiting and Williamsons Mill Precincts.

“Lawrence County - Courthouse, East Arm, Grange, Hooker, Monticello, National Guard Armory, New Hebron, Nola *, North Silver Creek, Oma, Peyton Town, South Silver Creek, Stringer, Wanilla *, West Arm and West Monticello Precincts.

“Simpson County - Bridgeport, Fork Church, Oak Grove *, Oak Grove A, Oak Grove B and Shivers A Precincts.

“DISTRICT 92 -

“Copiah County - Beauregard *, Centerpoint *, Georgetown South *, Shady Grove, Strong Hope-Union and Wesson Precincts.

“Lawrence County - Nola *, Sontag and Wanilla * Precincts.

“Lincoln County - Big Springs, Caseyville, Halbert Heights, Heucks Retreat, Johnson Grove, Lipsey School, Little Bahala, Loyd Star, Montgomery, New Sight, Northwest Brookhaven, Old Brook, Old Red Star, Vaughn, West Lincoln and Zetus Precincts.

“DISTRICT 93 -

“Hancock County - Crane Creek, Flat Top, Hancock North Central, Leetown and Standard Precincts.

“Pearl River County - Picayune 4 East, Salem, Savannah, Steep Hollow and Sycamore * Precincts.

“Stone County - American Legion, Elarbee, Magnolia, McHenry Fire Station *, McHenry Library, Old Hospital, PerkinstoD and Project Road Precincts.

“DISTRICT 94 -

“Adams County - Airport, Bellemont *, Carpenter, Concord, Convention Center, Duncan Park *, Foster Mound, Maryland, Morgantown, Northside School, Oakland, Palestine *, Pine Ridge, Thompson and Washington Precincts.

“Franklin County - Hamburg and Roxie Precincts.

“Jefferson County - Cannonsburg, Church Hill, Fayette Manor and Old Hollywood Church Precincts.

“DISTRICT 95 -

“Hancock County - Dedeaux, Diamondhead East, Diamondhead West, Fenton and Kiln East Precincts.

“Harrison County - Precincts 201 *, 202, 210, 212 *, 306 and 315.

“DISTRICT 96 -

“Adams County - Beau Pre *, Bellemont * and By-Pass Firestation Precincts.

“Amite County - Amite River, Ariel, Berwick, Crosby, East Centreville, East Gloster, Gloster, Liberty, Riceville, ~outh Liberty, Street, Tickfaw and Walls Precincts.

“Pike County - Precincts 10 *, 12, 29 *, 30 * and 9 *.

“Wilkinson County - All.

“DISTRICT 97 -

“Adams County - Beau Pre *, Bellemont *, Courthouse, Duncan Park *, Kingston, Liberty Park and Palestine * Precincts.

“Amite County - East Fork, East Liberty, Homochitto, New Zion, Oneil, Smithdale, Tangipahoa and Zion Hill Precincts.

“Franklin County - Knoxville and Wesley Chapel Precincts.

“Pike County - Precincts 15, 17, 19 *, 21, 22, 23, 25, 26, 27, 29 * and 3.

“DISTRICT 98 -”

“Pike County - Precincts 1, 10 *, 11, 13, 16, 18, 19 *, 2, 24, 28, 29 *, 30 *, 31, 32, 4, 5, 6, 7, 8 and 9 *.

“Walthall County - Dinan and Hope Precincts.

“DISTRICT 99 -

“Lamar County - Baxterville, Greenville *, Pine Grove *, Purvis * and South Purvis * Precincts.

“Marion County - Balls Mill, Foxworth, Kokomo, Pine Burr, Pittman, Sandy Hook and Stoval Precincts.

“Walthall County - Darbun, Dexter, District 3 Tylertown, District 4 Tylertown, District 4 West, East Tylertown, Enon, Improve, Lexie, Mesa, Midway, North Kirklin, North Knoxo, Saint Paul, Sartinville, South Kirklin, South Knoxo, Varnell and West Tylertown Precincts.

“DISTRICT 100 -

“Lamar County - Greenville *, Pine Grove *, Purvis * and South Purvis * Precincts.

“Marion County - 5 South Columbia, Carley, Cedar Grove, City Hall, Courthouse, Darbun, East Columbia, Goss, Hub, Jefferson Middle School, Morgantown, Morris, National Guard, Popetown, Union and White Bluff Precincts.

“DISTRICT 101 -

“Lamar County - Bellevue, Breland, Lake Serene, Midway, Oak Grove *, Oloh, Rocky Branch and Sumrall Precincts.

“DISTRICT 102 -

“Forrest County - Blair High School *, Camp School, Dixie *, Highland Park, Pinecrest, Rawls Springs, Thames School, Timberton *, USM Golf Course, Westside * and Woodley School Precincts.

“Lamar County - Wesley Manor * Precinct.

“DISTRICT 103 -

“Forrest County - Blair High School *, Davis School, Dixie Pine-Central *, Eaton School, Eatonville, Glendale *, Jones School, Lillie Burney School, North Heights, Rowan School, Salvation Army, Walthall School and Westside * Precincts.

“DISTRICT 104 -

“Forrest County - Barrontown-Macedonia, Brooklyn, Dixie *, Dixie Pine-Central *, East Petal, Glendale *, Leeville, Maxie, McLaurin, Petal Masonic Lodge, Sunrise and West Petal Precincts.

“DISTRICT 105 -

“George County - Rocky Creek Precinct.

“Greene County - Jonathan, Jones, Leaf, Leakesville, Maples, McLain, Mutual Rights, North Leakesville, Piave, Vernal, Wade, Washington and Washington A Precincts.

“Perry County - Arlington, Beaumont City Hall, Beaumont Library, Deep Creek, Hintonville, Indian Springs, Janice, New Augusta Courthouse, New Augusta Elementary, Prospect, Richton Multi-Purpose, Runnelstown and Thompson Hill Precincts.

“DISTRICT 106 -

“Lamar County - Lumberton and Yawn Precincts.

“Pearl River County - Buck Branch, Byrd Line, Carriere *, Derby, Ford’s Creek, Gum Pond, Hickory Grove, McNeill 3, McNeill 5, Mill Creek, Oak Hill, Ozona, Picayune 1 East *, Picayune 2 *, Poplarville 1, Poplarville 2, Poplarville 3, Progress, Whitesand 1 and Whitesand 2 Precincts.

“DISTRICT 107 -

“George County - Barton, Basin School, Benndale Crossing, Bexley School, Broom School, Central School, Courthouse, Davis School, Lucedale City Hall, Lucedale High School, Multi-Mart, Multipurpose Building, Salem School, Shady Grove, Twin Creek and Ward Precincts.

“Stone County - Big Level, Bond, Courthouse (28131102), Flint Creek, McHenry Fire Station *, Pleasant Hill, Ten Mile and Tuxachanie Precincts.

“DISTRICT 108 -

“Pearl River County - Anchor Lake/West Union, Caesar,

“Carriere *, Henleyfield, Hide-A-Way North Hills, Nicholson, Picayune 1 East *, Picayune 1 South, Picayune 2 *, Picayune 4 West, Picayune 5, Pine Grove and Sycamore * Precincts.

“DISTRICT 109 -

“George County - Agricola, Howell School, Movella, Pine Level, and Shipman Precincts.

“Jackson County - Big Point, East Central, Escatawpa A, Escatawpa B, North Vancleave, North Vancleave A, South Vancleave A and Wade A Precincts.

“DISTRICT 110 -

“Jackson County - Arlington, Chico, Chico A, Eastside, Fair, Fair A, Fair B, Girl Scout, Girl Scout A, Griffin Heights, Jefferson Street, Presbyterian B, Recreation Center, Recreation Center A, Sue Ellen, Union Hall and YMBC/Dantzler Precincts.

“DISTRICT 111 -

“Jackson County - American Legion, Arlington A, Eastlawn, Escatawpa, Fountainbleau *, Gautier B *, Helena, Nazarene, North Pascagoula, Orange Grove, Orange Grove A, Pinecrest, Pinecrest A, Presbyterian, Presbyterian A and Sacred Heart Precincts.

“DISTRICT 112 -

“Jackson County - Fountainbleau *, Gautier, Gautier A, Gautier B *, Gautier C, Gulf Hills B, Hickory Hill, Hickory Hills A, Ocean Springs Civic Center * and South Vancleave Precincts.

“DISTRICT 113 -

“Jackson County - Gulf Hills A, Gulf Park Estates, Gulf Park Estates A, Ocean Springs Armory, Ocean Springs Civic Center * and Ocean Springs Civic Center A Precincts.

“DISTRICT 114 -

“Harrison County - Precinct 112 *.

“Jackson County - Carterville, Gulf Hills, Highway 57, Highway 57 A, Larue, Latimer, Ocean Springs Community Center, Red Hill, Red Hill A, St. Martin and Villia Maria Precincts.

“DISTRICT 115 -

Harrison County - Precincts 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 *, 111 *, 114, 502 * and 509 *.

“Jackson County - Carterville, Gulf Hills, Highway 57, Highway 57 A, Larue, Latimer, Ocean Springs Community Center, Red Hill, Red Hill A, St. Martin and Villia Maria Precincts.

“DISTRICT 116 -

“Harrison County - Precincts 111 *, 112 *, 113, 201 *, 212 *, 213 *, 501, 506, 507, 508 and 509 *.

“DISTRICT 117 -

“Harrison County - Precincts 110 *, 207 *, 215 *, 406 *, 502 *, 503, 504 *, 505 *, 509 * and 510.

“DISTRICT 118 -

Harrison County - Precincts 203, 207 *, 208, 209, 213 *, 214, 215 *, 406 *, 409 *, 504 * and 505 *.

“DISTRICT 119 -

“Harrison County - Precincts 207 *, 401 *, 402, 403, 404 *, 405, 407, 408, 409 *, 410 * 411, and 412.

“DISTRICT 120 -

“Harrison County - Precincts 205, 206, 302, 303, 307, 308, 309, 310, 311, 312, 313, 401 * and 404 *.

“DISTRICT 121 -

“Harrison County - Precincts 204, 211, 301, 304, 305, 314, and 410 *.

“DISTRICT 122 -

“Hancock County - Ansley, Arlington, Bayou Phillip, Catahoula, City Hall, Clermont Harbor, Courthouse, Edwardsville, Kiln West, Lakeshore, North Bay East, North Bay West, Pearlington, South Bay, Waveland East, Waveland West and West Shoreline Park Precincts.

“BE IT FURTHER RESOLVED, That the Mississippi House of Representatives reapportionment map draft, hereinafter referred to as ‘the map,’ prepared by the staff of the Standing Joint Legislative Committee on Reapportionment, having been duly examined and approved by resolution duly adopted by the Standing Joint Legislative Committee on Reapportionment, is hereby incorporated.

“BE IT FURTHER RESOLVED, That ‘the map’ that is developed in conjunction with the redistricting plan adopted by the Legislature during the 2012 Regular Session shall control the resolution of any dispute, if there is a conflict between the language found in the description of any district and ‘the map.’

“BE IT FURTHER RESOLVED, That the Chairman and Vice Chairman of the Standing Joint Legislative Committee on Reapportionment shall file with the Secretary of State of Mississippi the Split Precinct Block List developed in conjunction with the plan that details the portions of the partial or split precincts that are contained within a district by census tract and block number, and such document duly filed with the Secretary of State is hereby incorporated into and shall be construed to be an integral part of this joint resolution. Such partial or split precincts contained in this resolution shall be identifiable by an asterisk (*) which shall follow its designation within any electoral district.

“BE IT FURTHER RESOLVED, That the map shall be permanently stored in the Office of the Secretary of State, that one (1) copy of the computer dataset for the map shall be filed with the Clerk of the Mississippi House of Representatives and one (1) copy of such tape shall be stored by the Mississippi Department of Archives and History. The Secretary of State and the Mississippi Department of Archives and History are hereby directed to preserve a copy of the map with the boundaries of the counties’ precincts, as they appear in the Census Bureau’s 2010 TIGER Line Shape files released in November 2010, and shall also preserve census tract or block numbers utilized in splitting any House of Representatives electoral districts contained in the map. All raw data utilized in generating any plans in formulating the reapportionment and redistricting of the Mississippi House of Representatives in accordance with the map shall also be preserved by the Secretary of State and the Department of Archives and History.

“BE IT FURTHER RESOLVED, That the boundaries of the House of Representatives districts described above shall be:

“(a) The boundaries of the counties as they appear in the Census Bureau’s 2010 TIGER Line Shape files released in November 2010;

“(b) The boundaries of the precincts as such precinct boundaries are contained in the Census Bureau’s 2010 TIGER Line Shape files released in November 2010; and

“(c) The boundaries of the census tracts or blocks as such census tracts or blocks are contained in the Census Bureau’s 2010 TIGER Line Shape files released in November 2010.

“BE IT FURTHER RESOLVED, That the Standing Joint Legislative Committee on Reapportionment is directed to provide all information necessary to assist the counties in identifying the boundaries of the districts described in this resolution.

“BE IT FURTHER RESOLVED, That this resolution shall be liberally construed to effectuate the purposes hereof and to redistrict the House of Representatives of this state in compliance with constitutional requirements.

“It is intended that this resolution and the districts described herein completely encompass all the area within the state. It is also intended that such districts contain all the inhabitants in this state. It is further intended that the redistricting provided for in this resolution result in the creation of districts which are substantially equal in population. It is also intended that no district shall include any of the area included within the description of any other district.

“BE IT FURTHER RESOLVED, That the redistricting of House of Representatives districts and Senate districts shall be deemed to be separate from each other. The invalidity of the districts of one (1) house shall not affect or require the redistricting of the other house.

“BE IT FURTHER RESOLVED, That if the districts described in this resolution do not carry out the purposes hereof because of: unintentional omissions; duplication; overlapping areas; erroneous nomenclature; lack of adequate maps or descriptions of political subdivisions, wards or other divisions thereof, or of their boundary lines; then the Secretary of State, at the request of the Standing Joint Legislative Committee on Reapportionment shall, by order, correct such omissions, overlaps, erroneous nomenclature or other defects in the description of districts so as to accomplish the purposes and objectives of this resolution.

“BE IT FURTHER RESOLVED, That copies of such orders shall be filed by the Secretary of State in his own office and in the offices of the affected commissioners of election and registrars. The Secretary of State may adopt reasonable rules regulating the procedure for applications for orders under this resolution in the manner of serving and filing any notice or copy of orders relating thereto. Upon the filing of such an order, the description of any affected district shall be deemed to have been corrected in the manner provided in such order to the full extent as if such correction had been contained in the original description set forth in this resolution.

“BE IT FURTHER RESOLVED, That the redistricting contained in this resolution shall supersede any prior redistricting, and any prior redistricting shall be null and void upon the date this resolution is effectuated pursuant to the provisions of Section 5 of the Voting Rights Act of 1965, as amended and extended, or pursuant to a final decision by any court of competent jurisdiction, whichever first occurs.

“BE IT FURTHER RESOLVED, That the Joint Legislative Committee on Compilation, Revision and Publication of Legislation is hereby directed to see to it that this resolution is placed in the editor’s notes that follow Section 5-1-1, Mississippi Code of 1972.

“BE IT FURTHER RESOLVED, That if any paragraph, sentence, clause, phrase or any part of this resolution is declared to be unconstitutional or void or if for any reason is declared to be invalid or of no effect, the remaining paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.

“BE IT FURTHER RESOLVED, That the Chairman of the House of Representatives Apportionment and Elections Committee, with the assistance of counsel employed by the Standing Joint Legislative Committee on Reapportionment, is hereby directed to submit this resolution, immediately upon its adoption by both houses of the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

“BE IT FURTHER RESOLVED, That the foregoing provisions of this resolution shall take effect and be in force from and after the date it is finally effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Constitutional provision for legislative power, see Miss. Const. Art. 4, § 33.

Constitutional provision for terms of members of House of Representatives, see Miss. Const. Art. 4, § 34.

Constitutional provision for apportionment of the House of Representatives and the Senate, see Miss. Const. Art. 13, § 254.

Standing joint legislative committee on reapportionment, see §5-3-91 et seq.

Provision that Senators in the Legislature shall be elected in 1987 and every four years thereafter, see §23-15-193.

Nominations for state, district, county, and county district offices which are elective, see §23-15-291 et seq.

Provisions for filling vacancies in either house of the Legislature, see §23-15-851.

Contests of the election of a member of the Legislature, see §§23-15-955 and23-15-957.

JUDICIAL DECISIONS

1. In general.

To accomplish goal of interfering with state policy only to that extent necessary to remedy statutory or constitutional violations, court would adhere to Mississippi’s established procedure for holding legislative elections, including party primaries, rather than using format for special elections and elections would proceed for 3-year, term of office to supplement interim elections filed in year that regular elections were required to be held under Mississippi statute. Watkins v. Fordice, 791 F. Supp. 646, 1992 U.S. Dist. LEXIS 7140 (S.D. Miss. 1992).

Use of 1982 reapportionment plan, which had been found unconstitutional, rather than court-drawn plan or plan proposed by parties, was constitutional and could properly be used on interim basis in order that primary and general elections for state legislature could take place as scheduled prior to implementation of valid, permanent plan, despite fact that 1982 plan did not maximize members of majority black districts; because of swiftness with which population changes, and high cost of creating new election districts, and in view of lack of sufficient time to conduct full hearings and fact that proponents of one proposed plan failed to show that plan cured objections by United States Attorney General, and since possibility of corrective relief at later date existed, use was appropriate. Watkins v. Mabus, 771 F. Supp. 789, 1991 U.S. Dist. LEXIS 12646 (S.D. Miss.), aff'd in part, vacated in part, 502 U.S. 954, 112 S. Ct. 412, 116 L. Ed. 2d 433, 1991 U.S. LEXIS 6598 (U.S. 1991). But see Watkins v. Mabus, 502 U.S. 954, 112 S. Ct. 412, 116 L. Ed. 2d 433, 1991 U.S. LEXIS 6598 (U.S. 1991).

House Bill No. 1290 and Senate Bill No. 2976, Mississippi Laws, 1975, Regular Session, reapportioning the state legislature, are not now and will not be effective as laws until and unless cleared pursuant to § 5 of the Voting Rights Act of 1965, 42 USCS § 1973c. Connor v. Waller, 421 U.S. 656, 95 S. Ct. 2003, 44 L. Ed. 2d 486, 1975 U.S. LEXIS 68 (U.S. 1975).

Mississippi statutes reapportioning the state legislature are legislative enactments that are required to be submitted for federal approval pursuant to § 5 of the Voting Rights Act of 1965 (42 USCS § 1973c), and such state statutes are not effective until and unless cleared pursuant to § 5; thus a United States District Court, after improperly concluding that § 5 is not applicable, also errs in deciding constitutional challenges to the state statute based upon claims of racial discrimination. Connor v. Waller, 421 U.S. 656, 95 S. Ct. 2003, 44 L. Ed. 2d 486, 1975 U.S. LEXIS 68 (U.S. 1975).

To establish a denial of equal protection by a state legislature’s multimember districting plan, it must be shown that the plan will operate to minimize or cancel out the voting strength of racial or political elements of the voting population; there must be more evidence than a simple disproportionality between the voting potential and the legislative seats won by a racial or political group; there must be evidence that the group has been denied access to the political process equal to the access of other groups, and proof of lessening or cancellation of voting strength must be offered. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

Unless there are persuasive justifications, a federal court’s reapportionment plan for a state’s legislature must avoid use of multimember districts, and must ordinarily achieve the goal of population equality with little more than de minimis variation, although such plan is not required to attain the mathematical preciseness required for congressional redistricting; where important and significant state considerations rationally mandate departure from such standards, it is the reapportioning court’s responsibility to articulate precisely why a plan of single-member districts with minimal population variance cannot be adopted. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

All of the provisions of §§ 254 and 255 of the Mississippi Constitution of 1890, as amended, and as they existed prior to amendment, and Code 1942, §§ 3326 and 3327, as amended, and as those sections read on July 22, 1966, are unconstitutional and invalid for all future elections of members of the House of Representatives and the Senate of the Mississippi Legislature, under the decision in Baker v. Carr (1962) 369 US 186, 7 L. Ed. 2d 663, 82 S. Ct. 691, which enunciated the “one person-one vote” rule and required legislative reapportionment where it was necessary to secure compliance with the rule. Connor v. Johnson, 256 F. Supp. 962, 1966 U.S. Dist. LEXIS 6577 (S.D. Miss. 1966).

RESEARCH REFERENCES

ALR.

Application of constitutional “compactness requirement” to redistricting. 114 A.L.R.5th 311.

State court jurisdiction over congressional redistricting disputes. 114 A.L.R.5th 387.

Diluting effect of minorities’ votes by adoption of particular election plan, or gerrymandering of election districts, as violation of equal protection clause of Federal Constitution. 27 A.L.R. Fed. 29.

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

81A C.J.S., States §§ 216 et seq.

Lawyers’ Edition.

Constitutionality of state legislative apportionment – Supreme Court cases. 77 L. Ed. 2d 1496.

Editor’s Notes —

Chapter 2234, Laws of 2012 (JR 201), adopted by the Senate on May 2, 2012, and by the House of Representatives on May 3, 2012, and effective from and after September 14, 2012 (the date the United States Attorney General interposed no objection to the Joint Resolution), as amended by Chapter 2206, Laws of 2019 (JR 202), adopted by the Senate on March 26, 2019, and by the House of Representatives on March 27, 2019, effective upon passage, and contingently repealed if appellants prevail in the appeal of Joseph Thomas, et al. v. Phil Bryant, et al. (see last paragraph) provides as follows:

“WHEREAS, the United States District Court for the Southern District of Mississippi ruled that Mississippi State Senate District 22 as currently configured diluted the voting strength of African-Americans and entered a final judgment to this effect; and

“WHEREAS, in the case of Joseph Thomas, et al. v. Phil Bryant, et al. , No. 19-60133 (5th Cir. Mar. 15, 2019), a panel of the United States Court of Appeals for the Fifth Circuit ruled on the defendant's motion for a stay and the motion for a stay was granted in part and denied in part; and

“WHEREAS, a majority of the panel concluded that the Legislature should be afforded an opportunity to fix the vote dilution found by the district court; and

“WHEREAS, a stay was entered for that purpose until April 3, 2019, and the candidate deadline for any districts whose lines are redrawn was extended to April 12, 2019:

“NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, that Chapter 2234, Laws of 2012, is amended as follows:

“BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the number of Senators shall be fifty-two (52) and shall be elected from fifty-two (52) districts, composed as follows:

“DISTRICT 1

“DeSoto County: *Aldens, Alphaba Cockrum, Bridgetown, DeSoto Central, Endora, Hernando Central, Hernando East, Hernando West, *Horn Lake South, Lake Cormorant, Lewisburg East, Lewisburg West, Love, Nesbit East, Nesbit West, Oak Grove and Walls Precincts.

“DISTRICT 2

“DeSoto County: *Aldens, Cherry Valley, Elmore, Greenbrook North, Greenbrook South, Horn Lake Central, Horn Lake East, Horn Lake Intermediate School, Horn Lake North, *Horn Lake South, Horn Lake West, Plum Point, Southhaven North, Southhaven South and Southhaven West Precincts.

“DISTRICT 3

“Benton County: All.

“Pontotoc County: Bankhead, Bethel, Buchanan, Cherry Creek, Ecru, Friendship, Hoyle, Hurricane, Longview, Oak Hill, Pontotoc 1, Pontotoc 2, Pontotoc 3, Pontotoc 4, Pontotoc 5, Sherman, Turnpike, Woodland and Zion Precincts.

“Union County: All.

“DISTRICT 4

“Alcorn County: All.

“Tippah County: All.

“DISTRICT 5

“Itawamba County: Armory, Bounds, Clay, Copeland, Friendship, Fulton District 1 Courthouse, Fulton District 4 American Legion, Fulton District 5 Firestation, Mantachie, Mt. Gilead, Ozark, Pineville, Pleasanton, Ryan and Tilden Precincts.

“Prentiss County: All.

“Tishomingo County: All.

“DISTRICT 6

“Itawamba County: Ratliff Precincts. Centerville, Fawn Grove, Kirkville and Ratliff Precincts.

“Lee County: Auburn, Baldwin, Beech Springs, Belden, Birmingham Ridge, Bissell, Blair, Corrona, Davis Box, East Heights, Eggville, Euclautubba, Fellowship, Flowerdale, Friendship, Gilvo 1, Gilvo 5, Guntown, Hebron, Mooreville 1, Mooreville 5, Oak Hill, *Palmetto A & B, Pratts, Richmond, Saltillo, Tupelo 1, *Tupelo 2, *Tupelo 3, *Tupelo 4 North, Tupelo 5 and Unity Precincts.

“DISTRICT 7

“Itawamba County: Bigbee Fork, Cardsville, Carolina, Dorsey, Evergreen, Greenwood, Hampton, James Creek, New Salem, Oakland, Tremont, Turon and Wigginton Precincts.

“Lee County: Brewer, Kedron, Nettleton, *Palmetto A & B, Petersburg, Plantersville, *Tupelo 2, *Tupelo 3, *Tupelo 4 North, Tupelo 4 South and Verona Precincts.

“Monroe County: Aberdeen 3, Amory 1, Amory 2, Amory 5, Becker, Bigbee 1, Boyds, Central Grove, Darracott, Gibson, Hatley, Nettleton, North Aberdeen 4, Parham, Prairie, Smithville, South Aberdeen 4, Williams, willis and Wren Precincts.

“DISTRICT 8

“Calhoun County: All.

“Chickasaw County: All.

“Lee County: Old Union, *Palmetto A & B, Pleasant Grove and Shannon Precincts.

“Pontotoc County: Algoma/Beckham/ Judah/ North Randolph/Robbs/South Randolph/Springville/Thaxton/Toccopola and Troy Precincts.

“Yalobusha County: Coffeeville 4, One North, One South, Three North West and Two Water Valley Precincts.

“DISTRICT 9

“Lafayette County: All.

“Panola County: Batesville 3 Cold Springs Coles Point/ East Batesville A, East Batesville 5, East Sardis, North Batesville A, North Springport and Pleasant Mount Precincts.

“DISTRICT 10

“Marshall County: Bethlehem, Chulahoma, Cornersville, Early Grove, Hudsonville, Laws Hill, Marianna, Mt. Pleasant, North Holly Springs District 1, North Holly Springs District 2, Potts Camp, Redbanks, Slayden, South Holly Springs, Wall Hill, Warsaw, Waterford, Watson and West Holly Springs Precincts.

“Tate County: All.

“DISTRICT 11

“Coahoma County: Clarksdale 1-4, Clarksdale 2-4, Clarksdale 3-3, Clarksdale 3-4, Clarksdale 4-2, Clarksdale 4-3, Clarksdale 5-4, Jonestown and Lyons Precincts.

“Panola County: Como, Courtland, Crenshaw, Curtis, Enon, Longtown, Macedonia-Concord, North Batesville B, Pleasant Grove, South Sardis, Tocowa and West Sardis Precincts.

“Quitman County: All.

“Tunica County: All.

“DISTRICT 12

“Bolivar County: Benoit/ Beulah/ Duncan/Alligator/ East Rosedale/ Gunnison/ Pace/ Scott/ Stringtown and West Rosedale Precincts.

“Coahoma County: Bobo/ Cagle Crossing/ Coahoma/ Dublin/ Farrell/ Friar’s Point/ Lula/ Rena Lara/ Roundaway and Sherard Precincts.

“Washington County: American Legion, Brent Center, Buster Brown Community Center, Christ Wesleyan Methodist Church, Elks Club, Extension Building, Grace Methodist Church, Greenville Industrial College, Leland Rotary Club, Metcalfe City Hall, Potter House Church, St. James Episcopal Church, Swiftwater Baptist Church, Tampa Drive and Wards Recreation Center Precincts.

“DISTRICT 13

“Bolivar County: Boyle, Choctaw, Cleveland Courthouse, Cleveland Eastgate, East Central Cleveland, East Cleveland, Longshot, Merigold, Mound Bayou, North Cleveland, Northwest Cleveland, Renova, Shaw, Shelby, Skene, South Cleveland, West Central Cleveland, West Cleveland and Winstonville Precincts.

“Sunflower County: Boyer-Linn, Doddsville, Drew, Fairview-Hale, Indianola 3 North, Indianola 3 Northeast, Indianola 3 South, Indianola Southeast, Moorhead, Rome, Ruleville, Ruleville North, Sunflower 3, Sunflower 4 and Sunflower Plantation Precincts.

“Tallahatchie County: Brazil, Charleston Beat 2, Sumner Beat 2, Sumner Beat 5, Tutwiler, Webb Beat 2 and Webb Beat 5 Precincts.

“DISTRICT 14

“Attala County: Berea, Carmack, Ethel, Hesterville, Liberty Chapel, McCool, Providence, Thompson, Williamsville and Zama Precincts.

“Carroll County: All.

“Grenada County: Elliott, Futheyville, Geeslin, Gore Springs, Grenada Box 1, Hardy, Mt. Nebo, Pleasant Grove, Providence and Tie Plant Precincts.

“Leflore County: Money and *North Greenwood Precincts.

“Montgomery County: Alva, Duck Hill, Mt. Pisgah, North Duck Hill, North Mt. Pisgah - Sweethome, North Winona, South Winona, Southeast Winona and West Winona Precincts.

“Panola County: Eureka, Pope and South Springport Precincts.

“Tallahatchie County: Cascilla, Charleston Beat 1, Charleston Beat 3, Enid, Leverette, Murphreesboro, Paynes, Rosebloom, Springhill and Teasdale Precincts.

“Yalobusha County: Coffeeville 5, Oakland, Scobey, Skuna-Vanns, Sylva Rena and Tillatoba Precincts.

“DISTRICT 15

“Choctaw County: All.

“Montgomery County: East Winona, Kilmichael, Lodi, Nations, North Kilmicheal, Poplar Creek and Stewart Precincts.

“Oktibbeha County: Bradley, Central Starkville, Craig Springs, Double Springs, East Starkville, *Gillespie Street Center, Maben, North Longview, Northeast Starkville, Self Creek, South Adaton, South Longview, South Starkville, Sturgis and West Starkville Precincts.

“Webster County: All.

“DISTRICT 16

“Clay County: All.

“Lowndes County: Coleman A, Coleman B, Fairgrounds A, Fairgrounds D, Hunt A, Hunt B, Mitchell A, Mitchell B, Plum Grove C, Propst Park Community Hut, Union Academy A and *West Lowndes B Precincts.

“Noxubee County: Brooksville, Central District 3, Cliftonville, Noxubee County Vo-Tech Center and Prairie Point Precincts.

“Oktibbeha County: Bell Schoolhouse, Center Grove, *Gillespie Street Center, Hickory Grove, North Adaton, North Starkville 2, North Starkville 3, Oktoc, Osborn, Sessums and Southeast Oktibehha Precincts.

“DISTRICT 17

“Lowndes County: Air Base A, Air Base B, Air Base C, Air Base D, Air Base E, Artesia, Brandon A, Brandon B, Brandon C, Brandon D, Caledonia, Columbus High School A, Columbus High School B, Columbus High School C, Columbus High School D, Crawford A, Dowdle Gas Training Center B, Fairgrounds F, Fairgrounds G, Fairgrounds B, Fairgrounds C, Fairgrounds E, Hunt C, Lee Middle School, New Hope A, New Hope B, New Hope C, New Hope D, New Hope E, New Hope F, Plum Grove A, Plum Grove B, Rural Hill A, Rural Hill B, Rural Hill C, Sale A, Sale B, Sale C, Steens A, Steens B, Steens C, Trinity A, Trinity B, Union Academy B, Union Academy C, University A, University B, West Lowndes A and *West Lowndes B Precincts.

“Monroe County: Athens, Bartahatchie, Greenwood Springs, Hamilton and Lackey Precinct.

“DISTRICT 18

“Leake County: East Carthage, Ebenezer, Edinburg, Freeny, Madden, North Carthage, Renfroe, Salem, Singleton, South Carthage, Sunrise and Walnut Grove Precincts.

“Neshoba County: All.

“Winston County: East Winston, *Lovorn Tractor, Mars Hill, Nanih Waiya, New National Guard Armory, Noxapater, Shilioh, *Wathall and Zion Ridge Precincts.

“DISTRICT 19

“DeSoto County: Fairhaven, Hack’s Cross, Ingram’s Mill, Miller, Mineral Wells, Olive Branch North, Olive Branch South, Olive Branch West, Pleasant Hill North and Pleasant Hill South Precincts.

“Marshall County: Barton, Byhalia, Cayce, North Cayce and Victoria Precincts.

“DISTRICT 20

“Rankin County: Castlewoods, Castlewoods West, Crossroads, East Crossgates, Fannin, Flowood, Grant’s Ferry, Holbrook, Leesburg, Mullins, Northeast Brandon, Northshore, Oakdale, Pelahatchie, Pisgah, Reservoir East, Reservoir West, South Crossgates and West Crossgates Precincts.

“DISTRICT 21

“Attala County: Aponaug, East, McAdams, Newport, North Central, Northeast, Northwest, Possumneck, Sallis, South Central and Southwest Precincts.

“Holmes County: Beat 4 Walden Chapel, Coxburg, Durant, Ebenezer, Goodman, Pickens and West Precincts.

“Leake County: Conway, Good Hope, Lena, Ofahoma , Thomastown, West Carthage and Wiggins Precincts.

“Madison County: *Bear Creek, Bible Church, Camden, Cameron, Canton Precinct I, Canton Precinct 2, Canton Precinct 3, Canton Precinct 4, Canton Precinct 5, Canton Precinct 7, Cedar Grove, Couparle, Liberty, Luther Branson School, Madison County Baptist Family Life Center, New Industrial Park, Ratliff Ferry and Sharon Precincts.

“Yazoo County: Deasonville, East Midway, Harttown and West Midway Precincts.

“DISTRICT 22

“Humphreys County: Gooden Lake, Isola, Lake City, Louise, Midnight, Putnam, Silver City, Southeast Belzoni and Southwest Belzoni Precincts.

“Madison County: *Bear Creek, Flora, *Gluckstadt, Magnolia Heights, Smith School, Virlilia and Yandell Road Precincts.

“Sharkey County: All.

“Sunflower County: Indianola 2 East, Indianola 2 West and Inverness Precincts.

“Washington County: Arcola City Hall, Darlove Baptist Church, Glen Allan Health Clinic, Hollandale City Hall and Leland Health Department Clinic Precincts.

“Yazoo County: 3-1 West, 3-2 East, 3-3 Jonestown, 3-4 South, Benton, Carter, Eden, Fairview, Free Run, Fugates, Holly Bluff, Lake City, Valley, Ward 4, Ward 5 and Zion Precincts.

“DISTRICT 23

“Issaquena County: All.

“Warren County: All.

“Yazoo County: Center Ridge, District 4 Ward 2, Dover, East Bentonia, Mechanicsburg, Robinette, Satartia, Tinsley, Ward 2 and West Bentonia Precincts.

“DISTRICT 24

“Grenada County: Grenada Box 2, Grenada Box 3, Grenada Box 4, Grenada Box 5, Holcomb and Sweethome Precincts.

“Holmes County: Acona, Cruger, Lexington Beat 1, Lexington Beat 4, Lexington Beat 5, Lexington East, Sandhill, Tchula and Thornton Precincts.

“Humphreys County: Central Belzoni, Four Mile, North Belzoni and Northwest Belzoni Precincts.

“Leflore County: Central Greenwood, East Greenwood, Minter City, Morgan City/Swiftown, MVSU, *North Greenwood, North Itta Bena, Northeast Greenwood, Rising Sun, Schlater, Sidon, South Greenwood, South Itta Bena, Southeast Greenwood, Southwest Greenwood and West Greenwood Precincts.

“Tallahatchie County: Blue Cane, Glendora, Philipp, Tippo and Webb Beat 4 Precincts.

“DISTRICT 25

“Hinds County: 32, 33, 34, 35, 36, 44, 45 and 78 Precincts.

“Madison County: *Bear Creek, Cobblestone, *Gluckstadt, Highland Colony Baptist Church, Madison 1, Madison 2, Madison 3, Main Harbor, NorthBay, Ridgeland Tennis Center, SunnyBrook, Trace Harbor, Victory Baptist Church and Whispering Lake Precincts.

“DISTRICT 26

“Hinds County: 41, 43, 46, 79, 80, 81, 82, 83, 84, 85, Bolton, Brownsville, Cynthia, Edwards, *Pinehaven, Pocahontas and Tinnin Precincts.

“Madison County: Lorman-Cavalier, Ridgeland 1, Ridgeland 3, Ridgeland 4, Ridgeland First Methodist Church and Tougaloo Precincts.

“DISTRICT 27

“Hinds County: 11, 12, 13, 16, 21, 22, 23, 24, *26, 27, 28, 29, 30, 31, 38, 39, 40, 42, 54, 55, *56, 57, 60, 61, 62, 86, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5 and *pinehaven Precincts.

“DISTRICT 28

“Hinds County: 18, 19, 20, 25, *26, 50, 51, 52, 53, *56, 58, 59, 63, 64, 66, 67, 68, 69, 70, 71, 73, 74, 75, 76, 87, 88, 89, 90, 92, 93, Clinton 6 and Jackson State Precincts.

“DISTRICT 29

“Hinds County: 1, 10, 14, 15, 17, 2, 37, 4, 47, 5, 6, 72, 77, 8, 9, 91, 94, 95, 96, 97, Byram 1, *Byram 2, Old Byram, Spring Ridge and Terry Precincts.

“DISTRICT 30

“Rankin County: Crest Park, Cunningham Heights, East Brandon, Eldorado, Liberty, *Monterey, North Brandon, North McLaurin, North Pearson, North Richland, Park Place, Patton Place, Pearl, South Brandon, South McLaurin, South Pearson, *South Richland, Springhill, West Brandon and West Pearl Precincts.

“DISTRICT 31

“Lauderdale County: Center Hill, Collinsville, Martin, Obadiah and West Lauderdale Precincts.

“Newton County: All.

“Scott County: All.

“DISTRICT 32

“Kemper County: All.

“Lauderdale County: 10, 11, 12, 14, 15, 20, 3, 4, 5, 6, 7, 8, 9, Center Ridge, Daleville, East Lauderdale, East Marion, Marion and West Dalewood Precincts.

“Noxubee County: Earl Nash Gym, Mashulaville, Savannah, Shuqualak and Sommerville Precincts.

“Winston County: American Legion, County Agent, Fairground, *Lovorn Tractor, Mill Creek and *Walthall Precincts.

“DISTRICT 33

“Clarke County: All.

“Lauderdale County: 1, 13, 16, 17, 18, 2, Alamucha, Andrews Chapel, Bailey, Causeyville, Clarkdale, Culpepper, East Bonita, Kewanee, Meehan, Mt. Gilead, New Lauderdale, adorn, Pickard,

“Prospect, Russell, Sageville, South Nellieburg, South Russell, Suqualena, Toomsuba, Valley, Vimville, Whynot and Zero Precincts.

“DISTRICT 34

“Forrest County: Davis School, Eaton School, Eatonville, Glendale, Jones School, Lillie Burney School, North Heights, Rowan School, Salvation Army, Walthall School and *Westside Precincts.

“Jasper County: All.

“Jones County: Blackwell, Bruce, Centerville, Cooks Avenue Community Center, Gitano, Hebron, Kingston Church, Lamar School, Laurel Courthouse, *Mauldin Community Center, National Guard Armory, *Nora Davis School, *North Laurel, Oak Park School, Old Health Department, *Pendorf, Rainey, Sandhill, Shelton, Soso and *Stainton Precincts.

“DISTRICT 35

“Copiah County: *Crystal Springs East Precinct.

“Rankin County: Antioch, Cato, Clear Branch, Cleary, Dry Creek, East Steens Creek, Johns, Mayton, *Monterey, Mountain Creek, Puckett, Shiloh, *South Richland, Star and West Steens Creek Precincts.

“Simpson County: All.

“DISTRICT 36

“Claiborne County: All.

“Copiah County: Beauregard, Carpenter, Centerpoint, *Crystal Springs East, Crystal Springs North, Crystal Springs South, Crystal Springs West, Dentville, Gallman, Georgetown North, Hazlehurst East, Hazlehurst North, Hazlehurst South, Hazlehurst West and Martinsville Precincts.

“Hinds County: *Byram 2, Cayuga, Chapel Hill, Dry Grove, Learned, Raymond I, Raymond 2, St. Thomas, Utica 1 and Utica 2 Precincts.

“Jefferson County: All.

“DISTRICT 37

“Adams County: Airport, Beau Pre, Bellemont, Carpenter, Concord, Convention Center, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland, Morgantown, Oakland, Palestine and Washington Precincts.

“Amite County: Crosby, East Fork, East Gloster, East Liberty, Homochitto, Liberty, New Zion, Oneil, Smithdale, South Liberty, Tangipahoa and Zion Hill Precincts.

“Franklin County: All.

“Pike County: 13, 14, 15, 20, 21, 22, 23, 25, 26, 27, 3 and 4 Precints.

“DISTRICT 38

“Adams County: By-Pass Firestation, Foster Mound, Northside School, Pine Ridge and Thompson Precincts.

“Amite County: Amite River, Ariel, Berwick, East Centreville, Gloster, Riceville, Street, Tickfaw and Walls Precincts.

“Pike County: 1, 10, 11, 12, 16, 17, 18, 19, 2, 24, 28, 29, 30, 31, 32, 5, 6, 7, 8 and 9 Precincts.

“Walthall County: Dexter, Dinan, District 3 Tylertown, Improve, Lexie, Mesa, Midway, North Kirklin, North Knoxo, Saint Paul, South Kirklin, South Knoxo and West Tylertown Precincts.

“Wilkinson County: All.

“DISTRICT 39

“Copiah County: Georgetown South, Shady Grove, Strong Hope-Union and Wesson Precincts.

“Lawrence County: All.

“Lincoln County: All.

“Walthall County: Darbun, District 4 Tylertown, District 4 West, East Tylertown, Enon, Hope, Sartinville and Varnell Precincts.

“DISTRICT 40

“Marion County: All.

“Pearl River County: Anchor Lake/West Union, Buck Branch, Carriere, Ford’s Creek, Henleyfield, Hide-A-Way North Hills, McNeill 3, McNeill 5, Mill Creek, Nicholson, Ozona, Picayune 1 East, Picayune 2, Picayune 4 West, Picayune 5, Pine Grove and Sycamore Precincts.

“DISTRICT 41

“Covington County: All.

“Forrest County: Rawls Springs Precinct.

“Jefferson Davis: All.

“Lamar County: Rocky Branch and Sumrall Precincts.

“Smith County: All.

“DISTRICT 42

“Forrest County: Barrontown-Macedonia, Leeville, Petal Masonic Lodge and West Petal Precincts.

“Jones County: Antioch, Calhoun, Cameron Center, County Barn, Currie, Ellisville Court House, Erata, Glade School, Johnson, Landrum Community Center, Matthews, *Mauldin Community Center, Moselle, Myrick, *Nora Davis School, *North Laurel, Ovett, *Pendorf, Pinegrove , Pleasant Ridge, Powers Community Center, Roosevelt, Rustin, Sandersville Civic Center, Shady Grove, Sharon, South Jones, *Stainton, Tuckers and Union Precincts.

“DISTRICT 43

“George County: All.

“Greene County: All.

“Wayne County: All.

“DISTRICT 44

“Lamar County: Arnold Line, Baxterville, Bellevue, Breland, Greenville, Lake Serene, Lamar Park, Lumberton, Midway, Northeast Lamar, Oak Grove, Okahola, Oloh, Pine Grove, Purvis, Richburg, South Purvis, Wesley Manor and Yawn Precincts.

“Pearl River County: Byrd Line, Gum Pond, Hickory Grove, Oak Hill and *Poplarville 3 Precincts.

“DISTRICT 45

“Forrest County: Blair High School, Brooklyn, Camp School, Carnes, Dantzler, Dixie, Dixie Pine-Central, East Petal, Highland Park, Maxie, Mclaurin, Pinecrest, Sunrise, Thames School, Timberton, USM Golf Course, *Westside and Woodley School Precincts.

“Park, Maxie, Mclaurin, Pinecrest, Sunrise, Thames School, Timberton, USM Golf Course, *Westside and Woodley School Precincts.

“Perry County: All.

“DISTRICT 46

“Hancock County: All.

“Harrison County: 201, 212, 301, 304, 305, 306 and 315 Precincts.

“DISTRICT 47

“Jackson County: Gulf Hills, Larue, Latimer and St. Martin Precincts.

“Pearl River County: Caesar, Derby, Picayune 1 South, Picayune 4 East, Poplarville 1, Poplarville 2, *Poplarville 3, Progress, Salem, Savannah, Steep Hollow, Whitesand 1 and Whitesand 2 Precincts.

“Stone County: All.

“DISTRICT 48

“Harrison County: 206, 302, 303, 307, 308, 309, 310, 311, 312, 313, 314, *401, 402, 403, 404, 405, 407, 408, 409, 410, 411 and 412 Precincts.

“DISTRICT 49

“Harrison County: 202, 203, 204, 205, 207, 208, 209, 210, 211, 213, 214, 215, *401, 406, 503, 504, 505 and *510 Precincts.

“DISTRICT 50

“Harrison County: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 501, 502, 506, 507, 508, 509 and *510 Precincts”

“DISTRICT 51

“Jackson County: Big Point, Carterville, Chico, Chico A, East Central, Eastside, Escatawpa, Escatawpa A, Escatawpa B, *Fountainbleau, Gautier A, Griffin Heights, Gulf Hills A, Gulf Hills B, Helena, Hickory Hills A, Hwy 57, Hwy 57A, Jefferson Street, North Pascagoula, North Vancleave, North Vancleave A, Ocean Springs Civic Center, Orange Grove, Orange Grove A, Rec Center, Rec Center A, Red Hill, Red Hill A, South Vancleave, South Vancleave A, Sue Ellen, Union Hall, Wade A and YMBC/Dantzler Precincts.

“DISTRICT 52

“Jackson County: American Legion, Arlington, Arlington A, Eastlawn, Fair, Fair A, Fair B, *Fountainbleau, Gautier, Gautier B, Gautier C, Girl Scout, Girl Scout A, Gulf Park Estates, Gulf Park Estates A, Hickory Hill, Nazarene, Ocean Springs Armory, Ocean Springs Civic Center A, Ocean Springs Community Center, Pinecrest, Pinecrest A, Presbyterian, Presbyterian A, Presbyterian B, Sacred Heart and Villia Maria Precincts.

“BE IT FURTHER RESOLVED, That partial or split precincts contained in this resolution are identified in this joint resolution by an asterisk (*) which shall precede its designation within the description of a district.

“BE IT FURTHER RESOLVED, That, except as otherwise provided in this resolution, the Chairman and Vice Chairman of the Standing Joint Legislative Committee on Reapportionment shall file with the Secretary of State the Split Precinct Block List developed in conjunction with the plan contained in this joint resolution that details the portions of the partial or split precincts that are contained within a district by census tract and block number, and such document duly filed with the Secretary of State is hereby incorporated into and shall be construed to be an integral part of this joint resolution.

“BE IT FURTHER RESOLVED, That the staff of the Standing Joint Legislative Committee on Reapportionment shall file with the Secretary of State the Split Precinct Block List developed in conjunction with the amendments Districts 13 and 22 contained in this joint resolution that details the portions of the partial or split precincts, if any, that are contained within the districts by census tract and block number, and such document duly filed with the Secretary of State is hereby incorporated into and shall be construed to be an integral part of this joint resolution.

“BE IT FURTHER RESOLVED, That the boundaries of the senatorial districts described above shall be:

“(a) The boundaries of the counties listed above as such boundaries existed as of January 1, 2010; and

“(b) The boundaries of the precincts, census tracts and blocks listed above as such boundaries are contained in the Census 2010 Tiger/Line Shapefiles released November 2010.

“BE IT FURTHER RESOLVED, That this resolution shall be liberally construed to effectuate the purposes thereof and to redistrict the Senate of this state in compliance with constitutional requirements.

“It is intended that this resolution and the districts described herein completely encompass all the area within the state. It is also intended that such districts contain all the inhabitants in this state. It is further intended that the redistricting provided for in this resolution result in the creation of districts which are substantially equal in population. It is also intended that no district shall include any of the area included within the description of any other district.

“BE IT FURTHER RESOLVED, That if the districts described in this resolution do not carry out the purposes thereof, because of unintentional omissions; duplications; overlapping areas; erroneous nomenclature; lack of adequate maps or descriptions of political subdivisions, wards or other divisions thereof, or of their boundary lines, then the Secretary of State, at the request of the Chair of the Senate Elections Committee shall, by order, correct such omissions, overlaps, erroneous nomenclature or other defects in the description of districts so as to accomplish the purposes and objectives of this resolution.

“BE IT FURTHER RESOLVED, That in promulgating such orders, the Secretary of State, in addition to achieving equality in the population of districts and insuring that all areas of the state are completely and accurately encompassed in such districts, shall be guided by the following standards:

“(a) In any instance in which there is a conflict between the description of a district as set out in this resolution and the map of the Senate Districts developed in conjunction with the adopted redistricting plan, the map shall control; however, in instances in which the map is inconclusive, the criteria set out in paragraphs (b) through (f) shall control the resolution of any dispute or issue regarding the composition of any Senate District;

“(b) Gaps in the description of any district shall be completed in a manner which results in a total description of that district in a manner which is consonant with the description of adjacent districts and results in complete contiguity of districts;

“(c) Areas of the state included within the descriptions of more than one (1) district shall be allocated to the district having the lowest population;

“(d) Areas of the state not included within the descriptions of any district shall be allocated to the adjacent district having the lowest population;

“(e) In the event that the area subject to corrected description or allocation as provided in paragraphs (b), (c) and (d) of this clause is of such size or contains such population that its inclusion as a unit in any district would result in substantial disparity in the size, shape or population of such district, then the Secretary of State may allocate portions of such area to two (2) or more districts; and

“(f) In any allocation of area or correction of descriptions made pursuant to this resolution, the Secretary of State shall, consistent with the foregoing standards, preserve the contiguity and compactness of districts and avoid the unnecessary division of political subdivisions.

“BE IT FURTHER RESOLVED, That copies of such orders shall be filed by the Secretary of State in his own office and in the offices of the affected commissioners of election and registrars. The Secretary of State may adopt reasonable rules regulating the procedure for applications for orders under this resolution in the manner of serving and filing any notice or copy of orders relating thereto. Upon the filing of such an order, the description of any affected district shall be deemed to have been corrected in the manner provided in such order to the full extent as if such correction had been contained in the original description set forth in this resolution.

“BE IT FURTHER RESOLVED, That, except as otherwise provided in this resolution, the Standing Joint Legislative Committee on Reapportionment is directed to provide all information necessary to assist the counties in identifying the boundaries of the districts described in this resolution.

“BE IT FURTHER RESOLVED, That the staff of the Standing Joint Legislative Committee on Reapportionment is directed to provide all information necessary to assist the counties in identifying the boundaries of the districts described in amended Districts 13 and 22.

“BE IT FURTHER RESOLVED, That the qualifying deadline for Districts 13 and 22 as amended by this resolution shall be April 12, 2019, unless otherwise ordered by the court in the case of Joseph Thomas, et al. v. Phil Bryant, et al. , No. 19-60133 (5th Cir. Mar. 15, 2019).

“BE IT FURTHER RESOLVED, That the redistricting contained in this resolution shall supersede any prior redistricting, and any prior redistricting shall be null and void upon the date this resolution is effectuated.

“BE IT FURTHER RESOLVED, That this resolution shall be placed in the editor’s notes that follow Section 5-1-3, Mississippi Code of 1972.

“BE IT FURTHER RESOLVED, That if any paragraph, sentence, clause, phrase or any part of this resolution is declared to be unconstitutional or void or if for any reason is declared to be invalid or of no effect, the remaining paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.

“BE IT FURTHER RESOLVED, That this resolution shall take effect and be in force from and after its passage; however, in the event that the appellants prevail in the appeal of the case of Joseph Thomas, et al. v. Phil Bryant, et al. , No. 19-60133 (5th Cir. Mar. 15, 2019), this resolution shall be repealed and the districts as originally configured in Chapter 2234, Laws of 2012, shall take effect.”

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Constitutional provision for composition of Senate, see Miss. Const. Art. 4, § 35.

Constitutional provision for apportionment of the House of Representatives and the Senate, see Miss. Const. Art. 13, § 254.

Standing joint legislative committee on reapportionment, see §5-3-91 et seq.

Provision that representatives in the legislature shall be elected in 1987 and every four years thereafter, see §23-15-193.

Provisions for filling vacancies in either house of the Legislature, see §23-15-851.

JUDICIAL DECISIONS

1. In general.

To accomplish goal of interfering with state policy only to that extent necessary to remedy statutory or constitutional violations, court would adhere to Mississippi’s established procedure for holding legislative elections, including party primaries, rather than using format for special elections, and elections would proceed for 3-year term of office to supplement interim elections filed in year that regular elections were required to be held under Mississippi statute. Watkins v. Fordice, 791 F. Supp. 646, 1992 U.S. Dist. LEXIS 7140 (S.D. Miss. 1992).

Use of 1982 reapportionment plan, which had been found unconstitutional, rather than court-drawn plan or plan proposed by parties, was constitutional and could properly be used on interim basis in order that primary and general elections for state legislature could take place as scheduled prior to implementation of valid, permanent plan, despite fact that 1982 plan did not maximize members of majority black districts; because of swiftness with which population changes, and high cost of creating new election districts, and in view of lack of sufficient time to conduct full hearings and fact that proponents of one proposed plan failed to show that plan cured objections by United States Attorney General, and since possibility of corrective relief at later date existed, use was appropriate. Watkins v. Mabus, 771 F. Supp. 789, 1991 U.S. Dist. LEXIS 12646 (S.D. Miss.), aff'd in part, vacated in part, 502 U.S. 954, 112 S. Ct. 412, 116 L. Ed. 2d 433, 1991 U.S. LEXIS 6598 (U.S. 1991). But see Watkins v. Mabus, 502 U.S. 954, 112 S. Ct. 412, 116 L. Ed. 2d 433, 1991 U.S. LEXIS 6598 (U.S. 1991).

House Bill No. 1290 and Senate Bill No. 2976, Mississippi Laws, 1975, Regular Session, reapportioning the state legislature, are not now and will not be effective as laws until and unless cleared pursuant to § 5 of the Voting Rights Act of 1965, 42 USCS § 1973c. Connor v. Waller, 421 U.S. 656, 95 S. Ct. 2003, 44 L. Ed. 2d 486, 1975 U.S. LEXIS 68 (U.S. 1975).

Mississippi statutes reapportioning the state legislature are legislative enactments that are required to be submitted for federal approval pursuant to § 5 of the Voting Rights Act of 1965 (42 USCS § 1973c), and such state statutes are not effective until and unless cleared pursuant to § 5; thus a United States District Court, after improperly concluding that § 5 is not applicable, also errs in deciding constitutional challenges to the state statute based upon claims of racial discrimination. Connor v. Waller, 421 U.S. 656, 95 S. Ct. 2003, 44 L. Ed. 2d 486, 1975 U.S. LEXIS 68 (U.S. 1975).

To establish a denial of equal protection by a state legislature’s multimember districting plan, it must be shown that the plan will operate to minimize or cancel out the voting strength of racial or political elements of the voting population; there must be more evidence than a simple disproportionality between the voting potential and the legislative seats won by a racial or political group; there must be evidence that the group has been denied access to the political process equal to the access of other groups, and proof of lessening or cancellation of voting strength must be offered. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

Unless there are persuasive justifications, a federal court’s reapportionment plan for a state’s legislature must avoid use of multimember districts, and must ordinarily achieve the goal of population equality with little more than de minimis variation, although such plan is not required to attain the mathematical preciseness required for congressional redistricting; where important and significant state considerations rationally mandate departure from such standards, it is the reapportioning court’s responsibility to articulate precisely why a plan of single-member districts with minimal population variance cannot be adopted. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

All of the provisions of §§ 254 and 255 of the Mississippi Constitution of 1890, as amended, and as they existed prior to amendment, and Code 1942, §§ 3326 and 3327 as amended and as those sections read on July 22, 1966, are unconstitutional and invalid for all future elections of members of the House of Representatives and the Senate of the Mississippi Legislature, under the decision in Baker v. Carr, 369 US 186, 7 L. Ed. 2d 663, 82 S. Ct. 691, which enunciated the “one person-one vote” rule and required legislative reapportionment where it was necessary to secure compliance with the rule. Connor v. Johnson, 256 F. Supp. 962, 1966 U.S. Dist. LEXIS 6577 (S.D. Miss. 1966).

RESEARCH REFERENCES

ALR.

Application of constitutional “compactness requirement” to redistricting. 114 A.L.R.5th 311.

State court jurisdiction over congressional redistricting disputes. 114 A.L.R.5th 387.

Diluting effect of minorities’ votes by adoption of particular election plan, or gerrymandering of election districts, as violation of equal protection clause of Federal Constitution. 27 A.L.R. Fed. 29.

Am. Jur.

25 Am. Jur. 2d, Elections §§ 13 et seq.

CJS.

81A C.J.S., States §§ 216 et seq.

Lawyers’ Edition.

Constitutionality of state legislative apportionment – Supreme Court cases. 77 L. Ed. 2d 1496.

Editor’s Notes —

The full citation for the case cited in this section is: Chapman v. Meier 420 U.S. 1, 42 L. Ed. 2d 766, 95 S. Ct. 751 (1975).

JUDICIAL DECISIONS

1. In general.

To establish a denial of equal protection by a state legislature’s multimember districting plan, it must be shown that the plan will operate to minimize or cancel out the voting strength of racial or political elements of the voting population; there must be more evidence than a simple disproportionality between the voting potential and the legislative seats won by a racial or political group; there must be evidence that the group has been denied access to the political process equal to the access of other groups, and proof of lessening or cancellation of voting strength must be offered. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

Unless there are persuasive justifications, a federal court’s reapportionment plan for a state’s legislature must avoid use of multimember districts, and must ordinarily achieve the goal of population equality with little more than de minimis variation, although such plan is not required to attain the mathematical preciseness required for congressional redistricting; where important and significant state considerations rationally mandate departure from such standards, it is the reapportioning court’s responsibility to articulate precisely why a plan of single-member districts with minimal population variance cannot be adopted. Chapman v. Meier, 420 U.S. 1, 95 S. Ct. 751, 42 L. Ed. 2d 766, 1975 U.S. LEXIS 25 (U.S. 1975).

RESEARCH REFERENCES

Lawyers’ Edition.

Constitutionality of state legislative apportionment – Supreme Court cases. 77 L. Ed. 2d 1496.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 147–154, 174–195.

Cross References —

Constitutional provisions for meeting of legislature, see Miss. Const. Art. 4, § 36.

Who is to be governor in certain contingencies, see §7-1-67.

Continuance of action or proceeding where counsel is legislator, see §11-1-9.

Criminal disturbance of legislative powers and meetings, see §§97-7-45 et seq.

RESEARCH REFERENCES

ALR.

Constitutionality of Legislative Prayer Practices. 30 A.L.R.6th 459.

CJS.

81A C.J.S., States §§ 155, 196–204.

Cross References —

Constitutional provision allowing each house of legislature to elect own officers, see Miss. Const. Art. 4, § 38.

Officers’ oath of office, see Miss. Const. Art. 14, § 268.

Who may administer oath of office to officers, see §25-1-9.

RESEARCH REFERENCES

CJS.

81A C.J.S., States § 162.

Cross References —

Constitutional provision for election of legislative officers, see Miss. Const. Art. 4, § 38.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 171, 173.

Cross References —

Constitutional provision allowing each house of the legislature to elect its own officers, see Miss. Const. Art. 4, § 38.

Officers’ oath of office, see Miss. Const. Art. 14, § 268.

Governor convening the senate in vacation of the legislature, see §7-1-37.

Who may administer oath of office to officers, see §25-1-9.

RESEARCH REFERENCES

CJS.

81A C.J.S., States § 162.

Cross References —

Constitutional provision for election of legislative officers, see Miss. Const. Art. 4, § 38.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 171, 173.

RESEARCH REFERENCES

CJS.

81A C.J.S., States § 162.

Cross References —

Witness testifying in trial of crimes against legislative power, see §99-17-31.

Cross References —

Witness testifying in trial of crimes against legislative power, see §99-17-31.

Subpoenas and witnesses before legislative bodies, see Miss Rule Civil Proc. 45.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. Pl & Pr Forms (Rev), Witnesses, Form 71.

CJS.

81A C.J.S., States §§ 199, 200.

Cross References —

Witness testifying in trial of crimes against legislative power, see §99-17-31.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 212–215.

Cross References —

Witness testifying in trial of crimes against legislative power, see §99-17-31.

JUDICIAL DECISIONS

1. In general.

A state senator convicted of being interested in a contract with the state authorized by a law passed during his term of office as prohibited by §97-11-19 [Repealed] was not immune from prosecution under §5-1-25 where, although he had met with other senators who told him that the Rules Committee of the Senate had voted to file a resolution of expulsion against him before the full Senate, such meeting had not been an investigation of any kind, the senator had not been sworn in to testify, no stenographer had been present, no minutes had been made, and what the senator had said to his colleagues was of no benefit whatsoever to the criminal prosecution. Cassibry v. State, 404 So. 2d 1360, 1981 Miss. LEXIS 2223 (Miss. 1981).

The mere fact that a defendant under indictment appeared before a legislative subcommittee without formal summons does not prevent him from claiming the immunity provided by this section [Code 1942, § 3337]. Kellum v. State, 194 So. 2d 492, 1967 Miss. LEXIS 1410 (Miss. 1967).

One who is required by the power of the state to testify to his hurt is immune from prosecution for the thing for which he was required to testify, whether that testimony is used by the state or not. Kellum v. State, 194 So. 2d 492, 1967 Miss. LEXIS 1410 (Miss. 1967).

One compelled to testify before a legislative committee was immune from prosecution for embezzlement where the facts and acts brought out in his testimony were separate links in the whole chain of his indictment, prosecution and conviction. Wheat v. State, 201 Miss. 890, 30 So. 2d 84, 1947 Miss. LEXIS 461 (Miss. 1947); Schneider v. State, 202 Miss. 1, 30 So. 2d 90, 1947 Miss. LEXIS 232 (Miss. 1947).

Gasoline distributor who voluntarily appeared before investigating committee of State Senate and offered evidence could not be convicted of conspiracy to defraud State of gasoline excise taxes in view of statute furnishing immunity from criminal prosecution whether evidence is given voluntarily or as result of compulsion, provided, if voluntary, it is given without procurement or contrivance on part of witness. State v. Billups, 179 Miss. 352, 174 So. 50, 1937 Miss. LEXIS 10 (Miss. 1937).

RESEARCH REFERENCES

Law Reviews.

Legislator Guilty of Misdemeanor if He Has Direct Interest in Contract Authorized by Legislature. 52 Miss. L. J. 659, September 1982.

Cross References —

Wilful and corrupt swearing, see §97-9-59.

Cross References —

Duties of secretary and clerk in relation to meeting times and places of committees, see §25-41-13.

Criminal disturbance of legislature bills, see §§97-7-49 et seq.

JUDICIAL DECISIONS

1. In general.

It is apparent from the language of § 3339, Mississippi Code 1942 that if the Secretary of the Senate had a duty of delivering a Senate Bill with a veto message attached to the Secretary of State, it arose as a duty incident to the office and not by the terms of the statute, and to be subject to mandamus the action must be either an official duty or a mere ministerial act not involving discretion for its performance. Tate v. State, 290 So. 2d 263, 1974 Miss. LEXIS 1699 (Miss. 1974).

Cross References —

Secretary of state as custodian of “Mississippi Reports”, see §7-3-11.

Printing of the journals and indexes of the two houses of the legislature, see §31-1-17.

Cross References —

For crime of disturbing the legislature, see §97-7-47.

Editor’s Notes —

Former §5-1-37 prescribed duties of the doorkeepers of each house.

Editor's Notes —

On June 4, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1997, ch. 577, § 6.

Laws of 1999, ch. 581, § 7 provides:

“SECTION 7. Sections 1, 2 and 4 of this act shall take effect and be in force from and after July 1, 1999. Sections 3 and 5 of this act shall take effect and be in force from and after July 1, 1999, if they are effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended. If Sections 3 and 5 are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after July 1, 1999, Section 3 and Section 5 shall take effect and be in force from and after the date they are effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.

On June 17, 1999, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws of 1999, ch. 581, § 5.

Cross References —

Remuneration of lieutenant governor and speaker of the house, see §5-1-43.

Mileage and expense allowances of lieutenant governor, senators, and representatives, see §5-1-47.

When compensation is due, see §5-1-51.

Per diem compensation of the standing joint legislative committee on reapportionment based on the compensation of legislators during special sessions, see §5-3-95.

Per diem compensation of the standing joint congressional redistricting committee based on the compensation of legislators during special sessions, see §5-3-125.

Provision that, for purposes of certain statutes relative to social security and public employees’ retirement and disability benefits, “earned compensation” of members of the state legislature shall include remuneration under this section, see §25-11-103.

Exclusion of mileage allowances under this section from compensation for purpose of determining contributions to the supplemental legislative retirement plan, see §25-11-307.

ATTORNEY GENERAL OPINIONS

All sums paid to legislators under this section, with the exception of mileage, are considered salary for the purposes of Miss. Code Ann. §25-11-127(4)(a). Higgins, Jan. 24, 2019, A.G. Op. 19-0001.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 184–195.

Editor’s Notes —

Laws, 1997, ch. 577, § 11, provides, in pertinent part, as follows:

“SECTION 11. . . . Section 7 of this act shall take effect and be in force from and after January 1, 1998, if it is effectuated on or before that date under Section 5 of the Voting Rights Act of 1965, as amended and extended; if it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, after January 1, 1998, Section 7 of this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.”

On June 4, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1997, ch. 577, § 7.

Laws, 1997, ch. 577, referenced in subsection (1), amended sections 25-3-31 through 25-3-35, 25-31-5, 5-1-41 through 5-1-45, repealed section 25-3-32, and enacted section 5-1-46.

Cross References —

Constitutional provision for compensation of lieutenant governor and speaker of the house, see Miss. Const. Art. 5, § 130.

Remuneration of legislators, see §5-1-41.

Additional mileage and expense allowances of lieutenant governor, senators, and representatives, see §5-1-47.

When compensation is due, see §5-1-51.

Exclusion of mileage allowances under this section from compensation for purposes of determining contributions to the supplemental legislative retirement plan, see §25-11-307.

Editor’s Notes —

On June 4, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1997, ch. 577, § 8.

Editor’s Notes —

On June 4, 1997, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the enactment of this section by Laws, 1997, ch. 577, § 9.

Amendment Notes —

The 2009 amendment deleted “per day, or an expense allowance of Forty-four Dollars ($44.00) if the Lieutenant Governor or a Senator or Representative so chooses under subsection (2) of Section 5-1-41” following “established by federal regulations” in (1); rewrote and designated the provisions of the formerly undesignated second paragraph as present (2) and (2)(a), and added (2)(b); redesignated former (2) as present (3); and made minor stylistic changes.

Cross References —

Remuneration of legislators, see §5-1-41.

Remuneration of lieutenant governor and speaker of the house, see §5-1-43.

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Exclusion of mileage allowances under this section from compensation for purpose of determining contributions to the supplemental legislative retirement plan, see §25-11-307.

Editor’s Notes —

Former §5-1-49 provided for compensating a retiring lieutenant governor or secretary of the senate for extra duties performed at the end of a term of office.

Amendment Notes —

The 2009 amendment rewrote the section to specify the timing for paying members of the Legislature the final 1/3 of their salary.

Editor’s Notes —

Former §5-1-53 prescribed the compensation to be paid to officers and servants of the legislature.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 2011, ch. 506, § 2, provides:

“SECTION 2. On or before July 1 of each fiscal year, or at such other times as necessary, the Clerk of the House of Representatives or the Secretary of the Senate (“the Legislature”) shall submit a request to the State Fiscal Officer for the funds necessary to pay (a) the expenses of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, (b) the state’s share of various assessments from legislative-related organizations, and (c) any other legislative-related expenses. The State Fiscal Officer shall transfer to the Legislature the amount or amounts as requested by the Legislature from the Secretary of State’s Fund No. 3111. The State Fiscal Officer shall transfer such obligated funds in a timely manner as determined by the Legislature. The Legislature is authorized to escalate the appropriate budgets during the fiscal year by the respective amounts transferred and to expend those sums for the purposes authorized by law.”

On April 26, 2011, the Governor vetoed Section 2 of Chapter 506, Laws of 2011.

On June 1, 2011, the Mississippi Attorney General issued the following opinion regarding the constitutionality of the Governor’s partial veto of Chapter 506, Laws of 2011:

“Honorable Johnny W. Stringer

“Chairman, House Appropriations Committee

“P. O. Box 1018

“Jackson, MS 39215-1018

“Re: Partial veto under Section 73 of the Mississippi Constitution

“Dear Chairman Stringer:

“Attorney General Jim Hood received your request and assigned it to me for research and response.

“ Issue Presented

“Does the Governor under his partial veto authority of Section 73 of the Mississippi Constitution of 1890 have authority to veto a section of a general bill that he asserts is an appropriation within the general bill, when that section does not meet the criteria for an appropriation bill under the Mississippi Constitution?

“ Response

“No. House Bill No.1 054 of the 2011 Regular Session, which is the subject of your request, is not an appropriation bill and is not subject to partial veto under Section 73 of the Mississippi Constitution of 1890.

“ Background

“On April 26, 2011, the Governor returned House Bill No. 1054 to the House of Representatives with a partial veto message for Section 2 of the bill. House Bill No. 1054, which is generally known as the ‘transfer bill,’ is a bill that, among other things, provides for the transfer of state funds into certain accounts for use in the general fund appropriations process. The Governor said in his message that he was not concerned with the transfer components of the bill, but had concerns specifically with Section 2 of the bill.

“ Applicable Law and Discussion

“Under the Mississippi Constitution of 1890 (hereinafter ‘Mississippi Constitution’), the powers of government are divided between and among three separate and distinct departments, to wit, the legislative department, the executive department and the judicial department. Miss. Const. Art. 1, Sec. 1 (1890). No person belonging to one department is authorized to exercise core powers belonging to another department. Miss. Const. Art. 1, Sec. 2 (1890); Dye v. State ex rel. Hale, 507 So. 2d 332 at 343 (Miss. 1987); and Alexander v. State ex rel. Alain, 441 So. 2d 1329 (Miss. 1983).

“The enactment of laws is an exercise of legislative power, which is subject to the executive power of veto. The Mississippi Constitution authorizes two types of vetoes, one which is applicable to all bills and is total in nature and another which is applicable only to appropriation bills and is partial in nature.

“Section 721 authorizes the Governor to approve or disapprove, by way of veto, every bill that passes both houses of the Legislature:

Unless otherwise indicated all section numbers refer to sections of the Mississippi Constitution of 1890.

“Every Bill which shall pass both Houses shall be presented to the Governor of the state. If he approve, he shall sign it; but if he does not approve, he shall return it, with his objections, to the House in which it originated, which shall enter the objections at large upon its Journal, and proceed to reconsider it. If after such reconsideration two-thirds (2/3) of that House shall agree to pass the Bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be reconsidered; and if approved by two-thirds (2/3) of that House, it shall become a law; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within five (5) days (Sundays excepted) after it has been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevented its return, in which case such Bill shall be a law unless the Governor shall veto it within fifteen (15) days (Sundays excepted) after it is presented to him, and such Bill shall be returned to the Legislature, with his objections, within three (3) days after the beginning of the next session of the Legislature.

“In exercising the gubernatorial veto under Section 72, the Governor must veto the entire bill. There is no power to approve parts of a bill, while disapproving other parts.

“It is the opinion of this office that House Bill No. 1054 of the 2011 Regular Session is not an appropriation bill and, therefore, is not subject to partial veto under Section 73.”

“In contrast, Section 73 authorizes the Governor to veto parts and approve parts of any ‘appropriation bill’:

“The governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.

“The power to approve parts of a bill, while vetoing or disapproving other parts of the same bill, is expressly limited to appropriation bills and may not be exercised with regard to other legislation. An attempt to partially veto any bill other than an appropriation bill would be outside the authority granted to the Governor under the Mississippi Constitution and would be an impermissible infringement of the powers of the Legislature.

“ The Mississippi Supreme Court in Fordice v. Bryan, 651 So. 2d 998 (Miss. 1995), a case involving the exercise of a partial veto, stated:

“Article IV, Section 73 of the Mississippi Constitution of 1890 states: ‘The governor may veto parts of any appropriation bill , and approve parts of the same, and the portions approved shall be law.’ Miss. Const. art. IV, Section 73 (emphasis added). Therefore, the Governor is entitled to exercise his Section 73 veto power upon ‘parts’ of ‘appropriation’ bills, and only upon ‘parts’ of ‘appropriation’ bills. The Governor may not exercise the Section 73 partial veto power on revenue raising bond bills.

“In order for the bills to be susceptible to the Governor’s Section 73 partial veto power, they must fix a definite maximum amount, Section 63, and not continue to be in force withdrawing money from the state treasury longer than two months after the expiration of the fiscal year ending after the meeting of the legislature at its next regular session, Section 64. 651 So. 2d 998, 1000.

“Although there is no definition of ‘appropriation bill’ in the Mississippi Constitution, there are mandatory requirements for appropriation bills contained therein. Section 63, which requires an appropriation bill to state the maximum sum authorized to be drawn from the State Treasury, states:

“No appropriation bill shall be passed by the legislature which does not fix definitely the maximum sum thereby authorized to be drawn from the treasury.

“Section 64, which provides that bills making appropriations out of the State Treasury only be in force no more than two months after the expiration of the fiscal year, states:

“No bill passed after the adoption of this Constitution to make appropriations of money out of the state treasury shall continue in force more than two months after the expiration of the fiscal year ending after the meeting of the legislature at its next regular session; nor shall such bill be passed except by the votes of a majority of all members elected to each house of the legislature.

“Section 69 prescribes the contents of appropriation bills and prohibits the engrafting of other legislation therein and reads as follows:

“General appropriation bills shall contain only the appropriations to defray the ordinary expenses of the executive, legislative, and judicial departments of the government; to pay interest on state bonds, and to support the common schools. All other appropriations shall be made by separate bills, each embracing but one subject. Legislation shall not be engrafted on the appropriation bills, but the same may prescribe the conditions on which the money may be drawn, and for what purposes paid.

“Section 68 provides that appropriation bills (and revenue bills) have precedence in the Legislature over all other business:

“Appropriation and revenue bills shall, at regular sessions of the legislature, have precedence in both houses over all other business, and no such bills shall be passed during the last five days of the session.

“Under the Joint Rules of the Senate and the House, appropriation bills and revenue bills are subject to deadlines during the legislative session which are different from other bills. See Joint Rule 40 (2011).

“In accordance with Fordice v. Bryan, supra , the validity of a partial veto under Section 73 depends on the nature of the bill itself, i.e., is House Bill No. 1054 an appropriation bill subject to partial veto under Section 73 or is it a general bill subject only to the general veto provisions of Section 72? If House Bill No. 1054 is not an appropriation bill, then it is not subject to partial veto under Section 73.

“To determine whether House Bill No. 1054 is an appropriation bill, it is necessary (1) to examine and compare its provisions with the constitutional sections which prescribe the mandatory provisions of an appropriations bill and (2) to examine the legislative process in which House Bill No. 1054 came to be enacted, i.e., was House Bill No. 1054 handled procedurally as an appropriation bill?

“House Bill No. 1054 contains no maximum amount which may be withdrawn from the Treasury as required by Section 63. House Bill No.1054 is not limited in duration to no more than two months after the expiration of the fiscal year as required by Section 64. Its contents are not limited to appropriations defraying the expenses of State government, paying interest on state bonds, and supporting the common schools as required by Section 69.

“In addition to not satisfying the constitutional requirements of appropriation bills, House Bill No. 1054 contains provisions commonly seen in general bills. For example, House Bill No. 1054 inter alia authorizes a half dozen transfers of funds making it similar to ‘transfer bills’ in previous legislative sessions, which were also treated procedurally by the Legislature as general bills. House Bill No. 1059, 2010 Regular Session and House Bill No. 1505, 2009 Regular Session. In addition, House Bill No. 1054 authorizes the borrowing of special funds to offset any temporary cash flow deficiency in the Health Care Expendable Fund. It provides that certain funds held for veterans by the State Veterans Home shall be considered to be held in a fiduciary capacity for the benefit of the veterans. House Bill No. 1054 also revises the time limit in which a resident of the coastal counties, whose residence was destroyed by Hurricane Katrina, must begin construction in order to not be required to meet current lot size requirements. These provisions are all similar in nature to other provisions commonly found in general bills.

“Section 2 of House Bill No. 1054, which was the subject of the Governor’s veto message, reads as follows:

“On or before July 1 of each fiscal year, or at such other times as necessary, the Clerk of the House of Representatives or the Secretary of the Senate (‘the Legislature’) shall submit a request to the State Fiscal Officer for the funds necessary to pay (a) the expenses of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, (b) the state’s share of various assessments from legislative-related organizations, and (c) any other legislative-related expenses. The State Fiscal Officer shall transfer to the Legislature the amount or amounts as requested by the Legislature from the Secretary of State’s Fund No. 3111. The State Fiscal Officer shall transfer such obligated funds in a timely manner as determined by the Legislature. The Legislature is authorized to escalate the appropriate budgets during the fiscal year by the respective amounts transferred and to expend those sums for the purposes authorized by law.

“Briefly stated, Section 2 of House Bill No. 1054 authorizes the transfer of funds from the Secretary of State’s Fund No. 31112, the escalation of the Legislature’s budget by amounts transferred from Fund No. 31112, and the payment of legislative expenses specified therein.

Fund No. 3111 contains special funds which are generated by fees earned by the Secretary of State and the Legislature appropriates funds therefrom for some of the operations of the Secretary of State’s office.

“While Section 2 of House Bill No. 1054 authorizes the expenditure of public funds, it does not do so within the framework of an appropriation bill. Appropriation bills are not the exclusive legislative vehicle for authorizing the expenditure of public funds. As you note in your letter of request, the Department of Finance and Administration is authorized by Section 7-1-255 of the Mississippi Code, a general law provision, to escalate its budget based on application fees it receives. Similarly, the Department of Audit is authorized by Section 7-7-81 (2) of the Mississippi Code, another general law provision, to escalate its budget based on funds deposited in the ‘Auditor’s Enhanced Accountability Fund.’ Upon each agency’s respective budget being escalated, these Code sections authorize the Department of Finance and Administration and the Department of Audit to expend available funds. No further action of the Legislature is necessary. You list thirteen other examples of escalation and expenditure authority by general laws in your letter.3

See Sections 17-17-63(3), 21-35-31 (2), 27-19-44.2(2), 27-19-179(2), 27-103-303(4), 31-913,33- 15-311(2),37-151-25,45-39-5(4), 57-1-303(1)(a), 57-75-15(4)(b)-(m), 57-75-15(18)(b), and 69-46-7(1) and (2) of the Mississippi Code.

“In addition, bond bills, specifically found not to be appropriation bills in Fordice v. Bryan, supra, and, therefore, not subject to partial veto, typically authorize the expenditure of public funds after bonds are issued without any further act of the Legislature. Similarly, legislation establishing revolving funds, though not appropriation bills, generally authorize the expenditure of public funds without any further act of the Legislature.

“The provisions in Section 2 of House Bill No. 1054 are similar to the general law escalation provisions mentioned above and the thirteen other general law examples referenced in your letter. Once the transfer of funds is made from Fund No. 3111 and the Legislature’s budget is escalated, the Legislature is authorized to make expenditures from available funds.

“With regard to its procedural treatment by the Legislature, House Bill No. 1054 was not afforded the precedence and deadlines applicable to appropriation bills. Instead, House Bill No. 1054 was subject to the deadlines applicable to general bills. The ‘transfer bills’ in previous legislative sessions, referred to above, were also treated procedurally by the Legislature as general bills.

“All of the comparisons of the constitutional requirements for appropriation bills with the contents of House Bill No. 1054 and the legislative procedure employed for enactment indicate that House Bill No. 1054 is a general bill, not an appropriation bill. The Governor, in his veto message, acknowledged that House Bill No. 1054 is a general bill. However, he characterizes House Bill No. 1054 as a general bill which contains an appropriation in Section 2 and, therefore, is subject to a partial veto.

“We are unable to find any authority for the proposition that any bill which authorizes the expenditure of public funds is an appropriation bill for purposes of Section 73. On the contrary, it is clear under Fordice v. Bryan, supra , that a bill must meet the constitutional requirements set forth for appropriation bills in order to be subject to partial veto under Section 73. While the Governor was authorized to exercise his general veto authority under Section 72 with regard to House Bill No. 1054, he was not authorized to exercise his partial veto authority under Section 73. An unconstitutional attempt of a partial veto is a nullity. See Fordice v. Bryan, supra, and State v. Holder , 76 Miss. 158, 23 So. 643 (1898).

“Conclusion

“It is the opinion of this office that House Bill No. 1054 of the 2011 Regular Session is not an appropriation bill and, therefore, is not subject to partial veto under Section 73.”

Editor’s Notes —

Laws of 2001, ch. 439, was House Bill 724, 2001 Regular Session, and originally passed the House of Representatives on January 30, 2001, and the Senate on February 28, 2001. The Governor vetoed House Bill 439 on March 12, 2001. The veto was overridden by both the House of Representatives and the Senate on March 14, 2001.

A prior §5-1-57 [Codes, 1942, § 7218; Laws, 1936, ch. 175; Laws 1940, ch. 298; Laws 1948, ch. 406, § 1; Laws 1958, ch. 537; Laws 1968, ch. 562, § 2; Laws 1980, ch. 560, § 18; Laws 1983, ch. 504, § 1; Laws 1986, ch. 500, § 35], which permitted the secretary of the senate and the clerk of the house to work, and receive compensation for, one extra day after adjournment of the legislature to deal with unfinished business, was repealed by Laws of 1983, ch. 329, § 4, effective from and after passage (approved March 9, 1983).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Cross References —

Constitutional provision for choosing of state librarian, see Miss. Const. Art. 4, § 106.

Cross References —

Criminal disturbance of legislative bills and procedures, see §§97-7-49 et seq.

Cross References —

Constitutional provision for choosing of state librarian, see Miss. Const. Art. 4, § 106.

Editor’s Notes —

Former §5-1-79 prescribed the duties and compensation of the mail carrier and distributor for the state legislature.

Editor’s Notes —

Section 5-1-79, which prescribed the duties and compensation of the mail carrier and distributor for the state legislature, was repealed by Laws of 1983, ch. 329, § 4, effective from and after passage (approved March 9, 1983).

Editor’s Notes —

A former §5-1-85 [Codes, 1942, § 3828-02; Laws, 1944, ch 264, § 3; Laws 1954, ch 324, § 1; Repealed by Laws, 1983, ch. 329, § 4, effective from and after passage (approved March 9, 1983)] provided for the employment of legislative draftsmen by the state legislature.

Editor’s Notes —

Former §5-3-1 created the General Legislative Investigating Committee and prescribed its membership and organization.

Former §5-3-3 required the General Legislative Investigating Committee to keep minutes and records of its proceedings.

Former §5-3-5 prescribed the powers of the General Legislative Investigating Committee.

Former §5-3-7 granted the General Legislative Investigating Committee authority to investigate purchases of equipment and supplies by counties.

Former §5-3-9 authorized the General Legislative Investigating Committee to employ counsel and other help.

Former §5-3-11 authorized the General Legislative Investigating Committee to examine books and documents, to require production of books and records, and to impose a penalty for noncompliance.

Former §5-3-13 empowered the General Legislative Investigating Committee to subpoena and examine witnesses.

Former §5-3-15 permitted the General Legislative Investigating Committee to apply to chancery court for issuance of judicial process.

Former §5-3-17 provided for the swearing of witnesses before the General Legislative Investigating Committee and for prosecution of such witnesses for perjury or contempt.

Former §5-3-19 granted witnesses before the General Legislative Investigating Committee immunity from prosecution related to required testimony.

Former §5-3-21 provided for compensation of members of the General Legislative Investigating Committee and for witness fees.

Former §5-3-23 provided for the means of payment of expenses of the General Legislative Investigating Committee.

Former §5-3-25 prescribed reports required to be made by the General Legislative Investigating Committee.

Editor’s Notes —

Former §5-3-27 required the General Legislative Investigation Committee to study un-American activities in the state.

Former §5-3-29 defined un-American activities.

Former §5-3-31 provided that if a legislative council was set up by law with the jurisdiction of the General Legislative Investigating Committee, it would be the duty of the council to comply with the provisions of §§5-3-27 through 5-3-31.

Cross References —

Constitutional provision authorizing legislative investigations, see Miss. Const. Art. 4, § 60.

RESEARCH REFERENCES

Am. Jur.

72 Am. Jur. 2d, States, Territories, and Dependencies §§ 36 et seq.

CJS.

81A C.J.S., States §§ 169, 170.

Amendment Notes —

The 2004 amendment, in the first paragraph, substituted “seven (7) members” for “five (5) members,” and inserted “as they currently exist and three (3) from the state at large” in the first sentence, substituted “2004 Regular Session” for “1973 Regular Session” in the second sentence, and deleted the former third sentence which read: “No member of the committee shall serve as a member of the commission of budget and accounting the state building commission the Mississippi Classification Commission or any other state governmental board or commission”; and substituted “2004 Regular Session and annually thereafter” for “1973 Legislature” in the second paragraph.

Cross References —

Authority of committee to perform random actuarial evaluations of funds and expenses of the Public Employees’ Retirement System, see §25-11-101.

OPINIONS OF THE ATTORNEY GENERAL

Magnolia Venture Capital Corporation is subject to oversight and review by state agencies. For instance, the joint legislative committee on Performance Evaluation and Expenditure Review and the State Auditor would have oversight and investigative jurisdictions over the activities of Magnolia Capital Corporation and the Magnolia Venture Capital Fund Limited Partnership. See Sections 5-3-57(e) and 7-7-211(f). Williams, December 20, 1996, A.G. Op. #96-0834.

Cross References —

Wilful and corrupt swearing, see §97-9-59.

Witness testifying in trial of crimes against legislative power, see §99-17-31.

RESEARCH REFERENCES

ALR.

Testimony of witness as basis of civil action for damages. 54 A.L.R.2d 1298.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Amendment Notes —

The 2009 amendment added the next-to-last sentence in the first paragraph.

Cross References —

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Amendment Notes —

The 2004 amendment, in the first paragraph, substituted “eight (8) members” for “six (6) members” in the first sentence, and substituted “four (4) members” for “three (3) members” throughout the first paragraph; and substituted “five (5) members” for “four (4) members” in the second paragraph.

Editor's Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration.”

The Mississippi Executive Reorganization Act of 1989, referred to in this section, was enacted by Chapter 544, Laws of 1989, effective from and after July 1, 1989.

Editor’s Notes —

Section 23-5-13, referred to in subsection (3) of this section, was repealed by Laws of 1986, ch. 495, § 335, effective from and after January 1, 1987.

Cross References —

Standing joint legislative committee on reapportionment, see §5-3-91 et seq.

Standing joint congressional redistricting committee, see §5-3-121 et seq.

Cross References —

Constitutional provision as to apportionment of the state senate and house of representatives, see Miss. Const. Art. 13, § 254.

Apportionment of state representatives, see §5-1-1.

Apportionment of state senators, see §5-1-3.

Special joint committee on reapportionment, see §5-3-81.

Standing joint congressional redistricting committee, see §5-3-121 et seq.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

Editor’s Notes —

The United States Attorney General, by letter dated May 9, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws, 2001, ch. 504, § 1.

Amendment Notes —

The 2001 amendment rewrote the first paragraph.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

Editor’s Notes —

The United States Attorney General, by letter dated May 9, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws, 2001, ch. 504, § 2.

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Compensation of legislators during special sessions, see §5-1-41.

Compensation, mileage and expenses of the standing joint congressional redistricting committee, see §5-3-125.

Traveling expenses of state officers and employees, see §25-3-41.

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

Cross References —

Special joint committee on reapportionment, see §5-3-81.

Standing joint legislative committee on reapportionment, see §5-3-91 et seq.

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

JUDICIAL DECISIONS

1. State Legislature responsible for redistricting.

Chancery court did not have jurisdiction to adopt a congressional redistricting plan after the State Legislature failed to perform its statutorily mandated duty to do so; pursuant to state law, the State Legislature was the only state governmental entity authorized to draw new congressional districts, which then had to be precleared under federal voting law before they could be implemented, and any state court at most only had the authority to assist the State Legislature in such a matter. Mauldin v. Branch, 866 So. 2d 429, 2003 Miss. LEXIS 849 (Miss. 2003).

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

Editor’s Notes —

The United States Attorney General, by letter dated May 9, 2001, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment to this section by Laws, 2001, ch. 504, § 3.

Amendment Notes —

The 2001 amendment rewrote the section.

Cross References —

Compensation of legislators during special sessions, see §5-1-41.

Compensation, mileage and expenses of the standing joint legislative committee on reapportionment, see §5-3-95.

Traveling expenses of state officers and employees, see §25-3-41.

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

JUDICIAL DECISIONS

1. State court’s role in redistricting.

Chancery court did not have jurisdiction to adopt a congressional redistricting plan after the State Legislature failed to perform its statutorily mandated duty to do so; the State Legislature was the only state governmental entity authorized under state law to draw new congressional districts, which then had to be precleared pursuant to federal voting law before they could be implemented and any state court at most only had the authority to assist the State Legislature in such a matter. Mauldin v. Branch, 866 So. 2d 429, 2003 Miss. LEXIS 849 (Miss. 2003).

RESEARCH REFERENCES

Am. Jur.

25 Am. Jur. 2d, Elections §§ 8, 37, 22 et seq.

CJS.

29 C.J.S., Elections §§ 136–139.

Editor’s Notes —

Former §§5-3-151 through 5-3-167 related to the creation, duties, powers and operation of the Environmental Protection Council.

Provisions similar to the provisions of §§5-3-151 through 5-3-167 were formerly found in §49-29-1 et seq.

RESEARCH REFERENCES

CJS.

81A C.J.S., States §§ 88, 89, 110–126.

Cross References —

Provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Editor’s Notes —

Former §§5-7-1 through 5-7-19 pertained to lobbying. For similar provisions, see Chapter 8 of this title.

Former §5-7-1 was entitled: Employers and employees to furnish statement of information for registration by the secretary of state and registration book to be kept by the secretary of state.

Former §5-7-3 was entitled: Secretary of state to keep record of all lobby registrations.

Former §5-7-5 was entitled: Fee to be paid to the secretary of state.

Former §5-7-6 was entitled: Additional duties of secretary of state.

Former §5-7-7 was entitled: Certificate of all persons or firms employed required.

Former §5-7-9 was entitled: No person or firm to be employed on a contingent fee.

Former §5-7-11 was entitled: Inapplicability of chapter.

Former §5-7-13 was entitled: Itemized statements of amounts paid employees required and itemized statement of employees showing amounts of expenditures required; listing of benefitted legislators.

Former §5-7-15 was entitled: Penalty for wilful violation.

Former §5-7-17 was entitled: Lobbyists seeking to influence official actions of county boards of supervisors, municipal governing boards, school boards, etc.

Former §5-7-19 was entitled: Attorney general to prosecute offenses.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 1.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 2.

Amendment Notes —

The 2015 amendment added ( l )(iv), and made a related stylistic change.

JUDICIAL DECISIONS

1. Public employees and officials.

Person who was merely employed by the state was not a public officer or official for purposes of Miss. Code Ann. §5-8-3(q). Young v. Stevens, 968 So. 2d 1260, 2007 Miss. LEXIS 347 (Miss. 2007).

OPINIONS OF THE ATTORNEY GENERAL

Public employees such as members of the Mississippi State Board of Architecture are subject to the registration and reporting requirements of the Lobbying Reform Act of 1974. Wilkinson, Nov. 21, 2003, A.G. Op. 03-0624.

RESEARCH REFERENCES

Am. Jur.

51 Am. Jur. 2d, Lobbying § 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 3.

Amendment Notes —

The 2015 amendment brought the section forward without change.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 4.

Amendment Notes —

The 2015 amendment inserted “except as otherwise provided in Section 5-8-3 (l)(iv)” in the first sentence.

Cross References —

Lobbyists and lobbyist’s clients to file registration statements except as provided in this section, see §5-8-5.

Lobbyist’s clients to file report of expenditures, except as provided in this section, see §5-8-5.

Lobbyist to file report of payments received, except as provided in this section, see §5-8-5.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to the exception in Section 5-8-7(d), staff members who are frequently requested to provide information concerning the legislative agenda of the PERS Board of Trustees, would not be required to register or report as lobbyists, provided that they do not pay, promise to pay, offer to pay, or cause to be paid, individually or on their employer’s behalf, public officials, legislative officials, or public employees any thing or things of value aggregating in value to two hundred dollars in a calendar year. Walker, March 8, 1995, A.G. Op. #95-0091.

Sections 5-8-13(4) and 5-8-7 provide that a public employee who represents a legislative or public official or public employee and who, as a primary or regular function of his employment, engages in lobbying activities when acting in his official capacity would be a lobbyist and subject to the registration and reporting requirements of the Lobbying Reform Act of 1994. Hamm, May 17, 1995, A.G. Op. #95-0171.

If the request for approval of an appropriation is not a primary or regular function of the employment position of the person making the request, such person would not come under the statutory definition of “lobbyist” and would not be required to register and report as such. See Section 5-8-7(d). Stennett, August 2, 1995, A.G. Op. #95-0336.

If, as a matter of fact, an activity is related to law enforcement matters or the duties of that office pursuant to Section 5-8-7, the Sheriff would be exempt from the registration and reporting requirements of the Lobbying Law Reform Act of 1994. Torrence, October 11, 1995, A.G. Op. #95-0655.

If the communication is made at the request, suggestion or direction of the lobbyist’s client any expenditures in connection therewith must be reported. The fact that specific expenditures may not have been directed, suggested or requested by the lobbyist’s client would not exempt the expenditures from the reporting requirements. See Section 5-8-7(d). Ford, December 20, 1995, A.G. Op. #95-0844.

If the communication by a non-lobbyist employee is not suggested, directed or requested by the lobbyist-client but is done totally independently by the employee the expenditure would not be required to be reported by the lobbyist-client. It would, of course, have to be reported by the employee if such expenditures aggregate in value to $200.00 in any calendar year. See Section 5-8-7(d). Ford, December 20, 1995, A.G. Op. #95-0844.

The Executive Director of the Public Employees’ Retirement System is a public employee insofar as the lobbying laws are concern. Nothing in this section excludes a public employee from the definition of “lobbyist.” Flowers, Nov. 16, 2004, A.G. Op. 04-0542.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 5.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Cross References —

Lobbyists and lobbyist’s clients to file registration statements in addition to reports required in this section, see §5-8-5.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 6.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Cross References —

Lobbyists and lobbyist’s clients to file registration statements in addition to reports required in this section, see §5-8-5.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 7.

Amendment Notes —

The 2015 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

Sections 5-8-13(4) and 5-8-7 provide that a public employee who represents a legislative or public official or public employee, and who as a primary or regular function of his employment engages in lobbying activities when acting in his official capacity would be a lobbyist and subject to the registration and reporting requirements of the Lobbying Reform Act of 1994. Hamm, May 17, 1995, A.G. Op. #95-0171.

The provisions of subsection (4) of this section are not applicable to the four “nonappointed” members of the Mississippi Title V Advisory Council. Chisholm, Aug. 8, 2003, A.G. Op. 03-0403.

Where an attorney/lobbyist member of a legislator’s law firm would have a separate business and work through an entirely separate corporation owned by the attorney himself in which the legislator would have no ownership and no involvement, there would be a violation of lobbying laws on the part of the legislator. Ross, Oct. 20, 2006, A.G. Op. 06-0545.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 8.

Amendment Notes —

The 2015 amendment brought the section forward without change.

OPINIONS OF THE ATTORNEY GENERAL

This section bestows jurisdiction to investigate violations of the lobbying laws on both the attorney general and the appropriate district attorney. Flowers, Nov. 16, 2004, A.G. Op. 04-0542.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the paragraph (b) of subsection (1). The word “unforseeable” was changed to “unforeseeable.” The Joint Committee ratified the correction at its December 3, 1996 meeting.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 9.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Cross References —

Additional penalties, see §5-8-21.

OPINIONS OF THE ATTORNEY GENERAL

Anyone who has knowledge that a person failed to file a report or filed a report which fails to comply with the requirements of the lobbying laws. Should provide pertinent information to the secretary of state. No statute of limitations can be found that would be applicable to the assessment of a civil penalty. Flowers, Nov. 16, 2004, A.G. Op. 04-0542.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 10.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Cross References —

Mississippi Ethics Commission in context of this section, see §5-8-3.

RESEARCH REFERENCES

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 11.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Cross References —

Additional penalties, see §5-8-17.

OPINIONS OF THE ATTORNEY GENERAL

Anyone who wishes to initiate a criminal prosecution may do so by filing an appropriate sworn affidavit. However, pursuant to §99-1-5, such prosecution must be commenced within two years after the commission of the offense. Flowers, Nov. 16, 2004, A.G. Op. 04-0542.

RESEARCH REFERENCES

ALR.

Validity and construction of state and municipal enactments regulating lobbying. 35 A.L.R.6th 1.

Am. Jur.

51 Am. Jur. 2d, Lobbying §§ 1, 6, 11-13.

Editor’s Notes —

The United States Attorney General, by letter dated January 3, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the addition of this section by Laws, 1994, ch. 469, § 13.

Amendment Notes —

The 2015 amendment brought the section forward without change.

Editor’s Notes —

Former §5-9-1 provided the short title of Mississippi Agency Review Law of 1978.

Former §5-9-3 specified the legislative purpose of the Agency Review Law of 1978.

Former §5-9-5 provided for the phasing out of operations of twenty governmental units beginning on July 1, 1980.

Former §5-9-7 provided for the phasing out of operations of sixteen governmental units beginning on July 1, 1981.

Former §5-9-9 provided for the phasing out of operations of fourteen governmental units beginning on July 1, 1982.

Former §5-9-11 provided for the phasing out of operations of twenty governmental units beginning on July 1, 1983.

OPINIONS OF THE ATTORNEY GENERAL

If the Legislature has decided not to renew the authority of a state agency, then the Governor lacks the authority to re-create that agency using an executive order. McCoy, May 20, 2004, A.G. Op. 04-0227.

Editor’s Notes —

Former §5-9-15 provided for the continuation of life of the governmental units during the phase out period.

Former §5-9-17 provided for the establishment of legislative reviewing committees to consider termination, continuation or modification of governmental units being phased out.

Former §5-9-19 directed the reviewing committees to hold public hearings, and directed the governmental units to provide information to the committees.

Former §5-9-21 established the criteria for determining whether to continue the existence of a governmental unit.

Former §5-9-23 specified the nature and direction of the reviewing committee’s inquiry into the governmental unit.

Former §5-9-25 authorized the reviewing committee to request information from the committee on performance evaluation and expenditure review.

Former §5-9-27 directed the reviewing committees to submit recommendations on whether to terminate, continue or modify a governmental unit.

Former §5-9-29 stated the legislative intent that all members of the legislature have an opportunity to vote on recommendations for continuing, modifying or terminating governmental units.

Former §5-9-31 prohibited the funding of a governmental unit after its termination.

Former §5-9-33 prohibited the continuation of more than one governmental unit in a single legislative bill.

Former §5-9-35 provided provisions on the effect of Chapter 9 on other related legislative action or claims against governmental units.